SAURABH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, we propose to dispose of three appeals i.e. CRA-D-695-DB of 2010 filed by Saurabh and Akhand Partap, CRA-S-1466-SB of 2010 filed by Amal @ Manke and CRA-S-1495-SB of 2010 filed by Ms. Radha Devi, all four of them being accused, who were tried by the Court of learned Sessions Judge, Faridabad and were convicted and sentenced as under: <FRM>JUDGEMENT_106_LAWS(P&H)4_2017_1.html</FRM>

(2.) The substantive sentences awarded to convict Saurabh were ordered to run concurrently.

(3.) Briefly stated, the prosecution story as it came out during the trial, is that complainant - Arun Pal Singh son of Jadunath Singh, resident of House No. B-503, Sainik Colony, Faridabad submitted a written application dated 27.1.2009 at Police Station SGM Nagar, Faridabad seeking release of his daughter (referred to as the prosecutrix/victim to conceal her identity) from the clutches of accused Saurabh, resident of House No.472, Sainik Colony, Opposite Roadways Bus Stand, Etah, U.P. Inter alia, in the application, the complainant had contended that his daughter, i.e. the victim, aged about 22 years was a student of MBA Ist year; that on 26.1.2009, at about 9:00 in the morning, the victim had gone to Shiv Mandir, Sainik Colony for worship as per her daily routine but she did return home; that son of complainant inquired from their relations but without getting any clue; that at about 12:15 noon his son informed him telephonically that he was at his native village Sarjanpur, P.O. Bhogaon, District Mainpuri, as such he returned home reaching there at 8:00 p.m.; that they searched for the victim at several places but without any success. Further, in the application, the complainant contended that his elder daughter Sonia residing at House No. A/1304, Dabua Colony along with her husband Saurabh (accused), on being inquired informed that on 26.1.2009 at about 3:30 p.m., she had received a telephonic call from her husband Saurabh that he had taken away her sister, the victim, to Delhi and if she wanted her sister to return home in a safe condition then she should ask her brother and father to pay Rs.10 lacs else she (the victim) would be done to death and he would do anything with her, which she had never thought of. According to the complainant, he was waiting for another call from Saurabh but no such call was received and when he tried to contact him on his mobile phone, it was found to be switched off. As such, he approached the police to lodge a report and to get his daughter, the victim, freed from the custody of Saurabh.