KAFIL AHMED Vs. STATE OF HARYANA

JUDGEMENT

(1.) FACTS of the prosecution case briefly stated are as follows :-

(2.) ON 19.1.1990, Amit, son of Jai Parkash Sharma PW-1 was returning to his house after getting private coaching. He stopped on the way with a view to purchase bread. Vijay, co-accused who had been working with his father met him and told him that he would take him for enjoying movie. Vijay seated him on his cycle. He took him to a house where foundations were being dug. Kafil (petitioner herein) also met them. Vijay and Kafil took him on cycle to railway station, Faridabad. There they kept that cycle and took him to bus stand. He was seated in bus and taken to a distant place. In the evening on 20.1.90, Vijay left him in an open space of Sector 10 from where he returned to his house No. 946, Sector 9, Faridabad. On 18.1.90 at about 9.15 P.M., somebody had thrown letter Ex. PA in the house of Jai Parkash demanding ransom in the amount of Rs. 60,000/- from him for the release of his son, Amit. On 18.1.90 at about 11 P.M. Jai Parkash addressed complaint Ex. PC to Incharge, Police Post, Sector 7, Faridabad mentioning therein that at about 6 P.M., that day, his son Amit @ Milky aged 6-7 years had gone outside his house for playing and that when he had not turned up though an hour had elapsed, he started searching him. He further mentioned in that complaint that at about 9.15 P.M., letter Ex. PA had been thrown in his house asking for ransom in the sum of Rs. 60,000/- for the release of Amit. On complaint Ex. PC, case FIR No. 54 was registered on 18.1.90 at PS Central, Faridabad under Section 363/365 IPC. Letter Ex. PA was taken into possession vide memo Ex. PB during investigation. In letter Ex. PA it was mentioned that if they were interested in Amit remaining alive, a sum of Rs. 60,000/- brought near the culvert of Sihi village and that the said amount be put in an attache case to be placed along the rear wheel of the car and the boy would be returned safe within one hour of the receipt of the money.

(3.) AFTER the conclusion of the trial, Additional Chief Judicial Magistrate, Faridabad found the charge under Section 363/365/386 IPC proved against them. He accordingly convicted them thereunder and sentenced them as follows : Section Substantive Sentence Fine Sl in default of payment of fine. 363 IPC 5 years Rs. 500/- each 15 days 365 IPC 3 years Rs. 500/- each 15 days 386 IPC 6 years Rs. 500/- each 15 days.