- (1.) THESE are three criminal appeals arising out of judgment of conviction dated 11th october, 2004 under Section 364-A/120-B ipc and order dated 13th October, 2004 inflicting sentence of imprisonment for life and a fine of Rs. 1500/- on respective appellants and in default of payment of fine to undergo RI for six months.
(2.) THE factual content of prosecution case reveals that on 17th April, 2001 at about 8 pm Dipanshu, a five year old child, went missing. Jitender, father and Smt. Sharda, mother of the child searched for him at different places in the vicinity but in vain. Jitender, on failing to trace his child went to police Post Fountain to inform the police about the incident. Later he also made a phone call to PCR in this regard. A police officer from PCR visited the house of jitender. On an information from PCR regarding incident a DD entry No. 53 was made at PS Kotwali. A copy of such DD report was sent to SI Rajender Singh of police Post Fountain for necessary action. SI Rajender Singh, accompanied by other police staff, reached the house of the complainant but could not come across with the family members of the missing child. He waited for return of the complainant and on his return to his house, his statement was recorded by SI Rajender singh, which was sent to police station kotwali and on that basis a FIR was registered at 9. 15 am on 18th June, 2001. During investigation the parents of the missing child expressed suspicion on Dinesh kumar, appellant in kidnap of their child. Appellant Dinesh Kumar happened to be one of the relatives of the complainant, who lived nearby but was found missing from his place.
(3.) AT about 12. 30 pm/1. 00 pm on 18th june, 2001 a ransom call was received by jitender, complainant on his phone demanding an amount of Rs. 2 lacs for release of Dipanshu. The person making ransom call threatened Jitender not to inform the police, else result would be bad. Dinesh Kumar was, later in the course of day, at about 2. 30 pm/3. 00 pm, brought by younger brother of the complainant and one of his cousins to his house and on being informed, the police arrived there and took Dinesh Kumar away with them. Appellant Dinesh Kumar was subjected to interrogation and on a disclosure being made by him, a raiding party comprising police officials, the complainant and his brother-in-law (sister's husband) Gopal singh, proceeded on the evening of 18th june, 2001 to Village Kaser Khurd P. S. Debai in District Bulandshahar, U. P. The raiding party first reached PS Debai. From there some local police officials accompanied the raiding party and reached Village Kaser khurd past midnight. There, appellant dinesh Kumar led the raiding party to the house of Bharat Singh, co-appellant. The police arrested Bharat Singh from his house and pursuant to a disclosure made by him a black T-shirt with red lining and a blue knicker, which Dipanshu was wearing when he went missing, were recovered from near the main gate of his house. Arrest of Bharat singh, appellant was followed by arrest of his co-appellants Navrangi Lal and Ram kumar as well, who also lived in the same village nearby. The raiding party thereafter taking appellants Dinesh Kumar, Bharat singh, Navrangi Lal and Ram Kumar along, proceeded to village Paseri, which was at a distance of about 25-30 kms from village kaser Khurd, where the child was being kept in the custody of appellant Kharak singh, in the house of one Pratap. On reaching village Paseri the house of Pratap was found locked. Appellant Kharak Singh was however found sleeping on a cot with dipanshu. The child was thus recovered from his custody. After effecting recovery of the child the raiding party and the local police officials returned to PS Debai. On way to P. S. Debai appellant Bharat Singh pointed out a STD booth wherefrom he had made the ransom call to the complainant on his telephone.;