SURENDER SINGH Vs. STATE
LAWS(DLH)-2007-8-183
HIGH COURT OF DELHI
Decided on August 08,2007

SURENDER SINGH Appellant
VERSUS
STATE (GOVT OF NCT DELHI) Respondents

JUDGEMENT

R.S.SODHI, J. - (1.) Criminal Appeal Nos. 913 of 2002, 76 of 2003, 799 of 2002 and 819 of 2002 seek to challenge common judgment and order of the Additional Sessions Judge, New Delhi in Sessions Case No. 141 of 2000, arising out of F.I.R. No.59 of 2000, registered at Police Station Sangam Vihar, whereby learned judge vide his judgment dated 9.9.2002 has held the appellants, Surender Singh, Rakesh and Arvind, guilty for offence under Sections 120-B IPC, 363/120-B IPC and under Sections 364-A/120-B IPC and has held appellant Parmod Kumari guilty for offence under Section 368 IPC. Further vide his separate order dated 19.9.2002, he has sentenced the appellants Surender Singh, Rakesh and Arvind to undergo imprisonment for seven years each and further and fine of Rs.3,000/- each and in default of payment of fine, simple imprisonment for four months each under Section 120-B IPC. Further the said appellants were sentenced to undergo imprisonment for seven years each and further simple imprisonment for three months each under Sections 363/120-B IPC. Further they were sentenced to undergo imprisonment for life each with fine of Rs.3,000/- each and in default further simple imprisonment for four months each under Section 364-A IPC. Appellant Parmod Kumari was sentenced to undergo imprisonment for three years with fine of Rs.2,000/- and in default further simple imprisonment for three months under Section 368 IPC. The appellants were awarded benefit under Section 428 of Code of Criminal Procedure.
(2.) Brief facts of the case as have been noted by the learned Additional Sessions Judge in his judgment under challenge are as follows :- ".....police of PS Sangam Vihar arrested and challaned 5 accused, namely, 1. Rakesh, 2. Amit, 3. Surinder, 4, Smt. Parmod Kumari and 5. Arvind, for committing criminal conspiracy to kidnap minor 7 years child Vinay Kumar of complainant Ram Singh and kidnapped him and demanded ransom for the release and who later on was recovered from their possession. On the ground that father of the child is a rich man and sufficient ransom can be taken from him and can be distributed among them, as that one of one accused Arvind is his sala, i.e., brother-in-law of Babloo/nephew of the complainant Ram Singh. A criminal conspiracy among all the 5 accused was hatched on or before 15th February, 2000 at Delhi and they all agree to kidnap for demanding ransom of 7 years boy Vinay Kumar from the legal guardianship of his father and virtually they kidnapped and had taken to Uttar Pradesh from where UP police had recovered the child from their custody and thereafter, after investigation of this case finding sufficient evidence against all accused to challan them for filing the charge sheet, filed the challan."
(3.) The prosecution in order to substantiate its case examined as many as eight witnesses. PW-1, Ram Singh, is the complainant and father of the victim child. PW-2 is Constable Lekh Raj, who remained associated with the investigation and who arrested appellant Arvind. PW-3, A.S.I. Shanti, on receipt of rukka sent by S.I. Rakesh, registered the case. PW-4, S.I J.S. Joon, who partly investigated the case and brought the child from Uttar Pradesh. PW-5, S.I. Ranbir Singh of the U.P. Police while supporting the deposition of PW-4, S.I. J.S. Joon, deposes to the fact that on 23.2.2000, he along with S.I. Gokaran Singh and S.I. B.N. Mishra were on patrol duty and on their reaching village Ramtal, received secret information that in village Keshav Pur, four or five persons in a house were holding a child for ransom. They went to village Keshav Pur and reached the said house. On opening the door, they found three persons and a female sitting in the courtyard. On seeing the police, they got nervous. The accused persons, namely, Surender, Rakesh, Amit and lady Parmod Kumari were taken into custody. From them, a boy named Vinay was recovered. They learnt that Vinay had been confined by these people and that Vinay had been kidnapped from Delhi. On inquiry, it was revealed that the house belonged to Surender. The accused were brought to the police station where F.I.R. No. 65 of 2000 under Section 364-A IPC, Exhibit PW 5/C was registered. The father of the boy as also the concerned police station was informed. The investigation was marked to S.I. Raghunath Singh. PW-6, Constable Ramphal, Delhi Police, remained associated in the investigation. PW-6, S.I. Raghunath Singh of U.P. Police, also investigated this case. PW-7, S.I. Rakesh, is the Investigating Officer and PW-8, Vinay Kumar, is the child victim.;


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