SANJAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE unfortunate death of Vishnu, a ten year old boy, is shrouded in mystery. THE half-baked testimonies of Prosecution witness have not solved the enigma of his death. Yet, vide judgment dated 13. 9. 2002, the Additional District and Sessions Judge, (Fast Track) No. 2, Dholpur has convicted the appellant for Vishnu's abduction and murder. For offence under Section 364 IPC the learned Trial Court has sentenced the appellant to ten years of rigorous imprisonment and imposed a fine of Rs. 1000/- and to further undergo a sentence of three months of imprisonment in default thereof. For offence under Section 302 he has been sentenced to Life Imprisonment and imposed with a fine of Rs. 2000/- and to further undergo an imprisonment of six months in default thereof.

(2.) THE brief facts of the case are that on 17. 10. 2000, one Kedar Singh lodged a written report at Police Station Kotwali, Dholpur wherein he stated that "his son, Vishnu is ten years old and is studying in the second class. After school, his son used to go to the Jagdish Talkies and used to sell biscuits there. Yesterday, he went to sell the biscuits around 6:00 O'clock in the evening and was supposed to come back by 8:00 o'clock. But, last night he did not return home. We, therefore, started searching for him. Dinesh told him that Sanjay, who lives in Kayastha Pada, was seen holding Vishnu's hand at around 7:00 o'clock. We kept on looking for Vishnu, but haven't been able to find him. Sanjay is a bad boy. He has abducted my son. He can even kill my son. I request you to take action"

(3.) WE have heard both the counsels and have critically examined the record and perused the impugned judgment.