RAHUL TYAGI AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three criminal appeals on behalf of accused-appellants, namely, Rahul Tyagi and Jai Kumar @ Bittu (appeal no.932/2014), Sanjeev Sharma (appeal no.970/2014) and Smt. Amishee (appeal no.971/2014), are directed against judgment and order dated 02.08.2014 passed by the Additional Sessions Judge No.5, Kota (Rajasthan) in Sessions Case No.32/2012, whereby they have been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_157_LAWS(RAJ)8_2018_1.html</FRM>

(2.) Facts giving rise to these appeals are that on 11.06.2005 at 12:05 AM one Prakash Chand Choudhary (PW-47) gave an information on telephone at Police Station, Dadabari, Kota, that one boy Vaibhav, aged 16 years, son of his acquaintance Ramdev Agarwal, R/o Samudra Mahal, Dr. A.B. Road, Mumbai, was residing in Kamal Anshukor Hostel. On 10.06.2005, at about 12:00-01:00 PM, after locking the room Vaibhav had gone with someone but he has returned back as yet. Pursuant to the above report, the police conducted investigation. In this connection, Bhagwat Singh Hingad (PW-52), S.H.O., Police Station Dadabari, Kota, visited Delhi, wherefrom he sent a written report (Exhibit P-55) through fax to the In-charge, Police Station, Dadabari, stating that the person, who came to the hostel and took Vaibhav with him, had written his name as S.R. Srivastava in the register of the hostel. The persons, who saw that person taking Vaibhav with him, could identify that person. Vaibhav was searched in all other hostels, inns, inhabited houses and various other places in Kota city. Police parties were dispatched to various places in and outside Rajasthan. The police however got a secret information that Vaibhav has been detained by some notorious persons, who are now demanding ransom for his release. Bhagwat Singh Hingad (PW-52) further mentioned that he along-with some other police officials reached Delhi for investigation of the matter where he learnt from some secret sources that relatives of Vaibhav Agarwal, in which one Motilal Oswal was also included, have come from Mumbai to Delhi to give ransom money to kidnappers to get Vaibhav released. From the allegation in the report, the offence under Sections 364 and 364A IPC was made out. It was stated that though informant {Shri Bhagwat Singh Hingad (PW-52)} requested the relatives of the abducted boy to make a complaint to the police but they refused and did want to give complaint to the police. The In-charge of the Police Station was required to register an F.I.R. On that basis, F.I.R. No.239/2005 (Exhibit P-56) was registered for offence under Sections 364 and 364A of the IPC.

(3.) During the course of investigation, the Crime Branch of Delhi put the telephone of Vaibhav's father on surveillance. On 26.06.2005, the kidnappers had settled ransom amount and place was also decided where ransom was to be given on 27.06.2005. On 27.06.2005, accused Jai Kumar @ Bittu was arrested in Rozet Inn Hotel, Khatauli, District Muzaffar Nagar (U.P.) and ransom amount of rupees three crore was also recovered. The Maruti Car used by the accused was also seized. As per the information given by accused Jai Kumar, victim Vaibhag Agarwal was recovered from Flat No.4, G.D.A. Officers Colony Staff Quarters, Patel Nagar Police Station, Sinhni Gate, Ghaziabad (U.P.). Accused Rahul Tyagi was arrested on 01.07.2005 in village Fatehpur, District Sharanpur. Other accused Pankaj Kumar and Sanjeev Sharma were also arrested.