MANOJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, I intend to dispose of Criminal Appeal No. S. 1635 SB of 2002 titled as Manoj and another versus State of Haryana and Criminal Appeal No. S. 1644 SB of 2002 titled as Kedar versus State of Haryana as both these appeals have arisen out of the same incident, judgment and order. For convenience, facts are being taken from Criminal Appeal No. S. 1635 SB of 2002 titled as Manoj and another versus State of Haryana.

(2.) CHALLENGE in these appeals is the judgment dated 24.09.2002 and order dated 25.09.2002 passed by Shri N.L.Pruthi, learned Additional Sessions Judge, ( Adhoc ), Fast Track Court -II, Faridabad vide which the accused -appellants were convicted under Section 365 read with Section 120 -B of the Indian Penal Code ( in short the IPC ) and sentenced to undergo RI for a period of three years and to pay a fine of Rs.1000/ - each and in default thereof to further undergo RI for a period of three months.

(3.) BRIEFLY stated, the prosecution story is that on 30.03.1999 Jai Kishan complainant was sitting in the house of his brother Devinder. Harish son of Devender was also present. Accused Soran came there and stated that since he did not know how to use telephone, let Harish accompany him to assist him in making a telephone call. Devender agreed to the same. In the meantime, accused Kedar also came there and thereafter accused Soran and Kedar took Harish along with them on their bicycle. Complainant and his brother Devender thereafter got busy in their work. At about 3.00p.m., his brother Devender came to him to inform that Harish had not come back. On this he and his brother went to village Chandpur where the accused had taken Harish for making a telephonic call. There at the bus stop of Chandpur one Kalyan resident of Sahajahnpur met them. On enquiry from him he told them that in the morning, he had seen Harish being brought on bicycle. He further informed the complainant that the bicycle was parked near the road and the accused Soran and Kedar alongwith 2 -3 more persons took Harish in a Maruti Car without registration number and went towards Ballabgarh side. When they did not find Harish anywhere, the complainant and his brother came back to their village and gave information about the kidnapping of Harish to the villagers. When Harish did not return even during night report was lodged in the Police Post Tigaon. On the basis of aforesaid statement, FIR was got recorded. Accused were arrested. Investigating officer also prepared rough site plan of the spot with correct marginal notes and further recorded statements of the witnesses. After completion of formal investigation, challan against the accused was presented in court.