FARID @ MOHD FARID Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of aforesaid three appeals i.e. CRA No.531-DB of 2010; CRA No.550-DB of 2010 & CRA No.558-DB of 2010 preferred by Farid @ Mohd; Ashok Kumar and Dalip (hereinafter all the three accused are referred as 'A-1'; 'A-2' & A-3' respectively) against the judgment of conviction dated 16.04.2010 and order of sentence dated 21.04.2010 passed by the Additional Sessions Judge, Fast Track Court, Gurgaon, whereby the appellants were convicted for the offences punishable under Section 120B IPC/364A IPC read with Section 120B IPC and under Section 302 IPC read with Section 120B IPC and sentenced to undergo for varying terms as mentioned in the order of sentence.

(2.) The prosecution case was set in motion on the basis of complaint made by Rajender Ahuja son of late Shri Dharam Chand Ahuja on 06.02.2008 at about 10.25 AM. In his complaint (Ex.PE), Rajender Ahuja stated that he has two sons namely Sunil Ahuja, aged about 35 years and Neeraj Ahuja, aged about 30 years. He stated that his son Sunil Ahuja has been living alongwith his family at House No.1103, Sector 9-A, Gurgaon, whereas his other son Neeraj Ahuja lives with him. He further stated that today i.e. 06.02.2008 at about 4.50 AM, he received a call on his mobile No.9871928074 from mobile phone No.9911607548, which is in the name of his son Dr. Sunil, when some unknown persons disclosed him that his son Sunil is in their custody, as they have kidnapped him and if he wants his son, he shall have to pay Rs.20 lacs to them. They also threatened him that if he reported the matter to the police, then his son Sunil would be killed. After few minutes i.e. at about 4.56 AM, he (Rajender Ahuja) made a back call on the mobile phone of his son, which was attended by the same person and he was again asked to arrange Rs.20 lacs and that notes should be of Rs.100/- denomination. The person also told him that the Alto car of Sunil bearing registration No.DL3CA-AG 3121 is parked at the Petrol Pump, near Vanish Filling Station, Sector 9A, Gurgaon and that the key is lying on front tyre under driver's seat side. Thereafter, he made a call to his daughter-in-law Smt. Anju on her mobile No.9810416297 and enquired from her about Sunil. Upon which, his daughter-in-law told him that Sunil left last evening i.e. on 05.02.2008 at about 8.50 PM saying that there is some defect in his car and that he would return after getting it repaired, but Sunil had not returned home. He further stated that at about 5.08 AM, his daughter-in-law also made a call on Sunil's mobile, but the same was attended by some unknown person, who again demanded Rs.20 lac as ransom. Thereafter, after talking to his relatives, Rajender Ahuja moved the complaint (Ex.PE). On the basis of such complaint, FIR Ex.PJ/1 was registered for an offence under Section 364-A IPC.

(3.) On the same day, ASI Abdul Sahid alongwith other officials visited Sunil's house i.e. House No.1103, Sector 9A, Gurgaon and also the place, where the car was stated to be parked. The car bearing registration No.DL3CA-AG 3121 was taken into possession vide recovery memo Ex.PF.