IRSHAD @ RAHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Both the appeals captioned above have been directed against the judgment of conviction dated 03.12.2010 passed by the learned Additional Sessions Judge, Gurgaon, vide which both the appellants have been held guilty and convicted for the offence punishable under Section 364-A of the Indian Penal Code, 1860 ('IPC'-for short) and the order of sentence of the even dated, vide which they were sentenced to undergo imprisonment for life.

(2.) The brief facts giving rise to this prosecution are that on 20.02010, PW-1-complainant-Hem Narain presented the written complaint (Ex.PA) to PW-16-ASI Virender Singh alleging therein that his son Vikas aged about 10 years was student of 4th class in Sideshwar School, Gurgaon. He had gone for tuition in the neighbourhood at 3.00 p.m on 19.02010 and when he did not return by 5.00.p.m., he wanted to know his whereabouts. But, he did not found him at home. At that time, he received a call on his mobile phone no. 9651158348 from mobile phone no. 9654021049 informing him that Vikas was in their (caller's) custody and they (caller's) said that if the complainant paid Rs. 5 lacs to them, they would release his son safe and sound. He narrated these facts to his brother-Ashok Kumar. At about 5.30 p.m. another call was received that in case the police was informed, they would kill his son-Vikas. They made his son to talk to him on phone. When, Vikas called his father as 'Papa' the phone was disconnected. At 7.30 p.m. again the phone call was received asking the complainant to reach railway station along with the amount of Rs. 5 lacs and that the child would be released. The complainant along with his brother-Ashok Kumar and the police officials kept on searching for the child on the railway station, Gurgaon, but no clue was found. Hence, he submitted the written complainant (Ex.PA). On the basis of which, the formal FIR Ex.PA/1 was registered and investigation initiated.

(3.) Thereafter, the Investigating Officer PW-16-ASI Virender Singh searched for the victim at bus stand and other places. The complainant thereafter received a telephonic message from his house that victim-Vikas reached at his house. Thereafter, the Investigating Officer reached there and recorded the statement of victim-Vikas and PW-Ashok Kumar. He also prepared the memo Ex.PO. The investigating Officer collected the DVD of CCTV Camera installed at Ansal Plaza situated in Palam Vihar, Gurgaon. The Investigating Officer also prepared the site plan of place of occurrence Ex.PP. He obtained the call details Ex.PD/1 of mobile phone no. 9654021049 by making the written request Ex.PQ. The call details were taken into possession vide memo Ex.PD. The CD of the call detail of phone number 9654021049 was prepared and was taken into possession vide memo Ex.PC. The DVD of the CCTV Camera installed at Ansal Plaza situated in Palam Vihar, Gurgaon was handed over to the Investigating Officer by Satish Kumar which was taken into possession vide memo Ex.PB. The articles of the case property were deposited with the Moharir Head Constable on return to the police station. The Investigating Officer verified the subscriber of the mobile phone numbers and recorded the statement of Dhan Bahadur and Hari Bahadur PWs.