STATE Vs. SHASHI KUMAR GUPTA

JUDGEMENT

(1.) The present appeal has been preferred by the Central Bureau of Investigation challenging the judgment dated 13.6.1998 passed by the learned Additional Sessions Judge, Ambala, vide which the respondents were acquitted of the charges framed against them in case FIR No. RC/12/92 dated 8.6.1992, under Sections 120-B read with Sections 364 and 386 IPC and Sections 364 and 386 IPC, registered at Police Station CBI, Chandigarh.

(2.) The brief facts of the present case are that on 12.3.1990, two sons of Pardeep Kumar Gupta, namely Anurag aged 12 years and Ruchin aged 10 years, had gone to play video game but did not return. Rekha Gupta, wife of Pardeep Kumar Gupta had sent one Jagat Parsad, gardener to enquire from the video game parlour regarding the whereabouts of her sons. The gardener had reported that the boys were not there in the video game parlour. Thereafter, Rekha Gupta had received a telephonic call that her sons had been kidnapped and the caller had demanded a ransom of Rs. 3.00 lacs for their release. She had immediately informed her husband Pardeep Kumar Gupta, who was in the factory at that time. She had also informed Uma-wife of Shashi Kumar Gupta over the phone. Since the whereabouts of the missing boys were not known, FIR No. 130 dated 13.3.1990 under Section 364 IPC was registered against the unknown persons, on the information given by Shashi Kumar Gupta, uncle of the boys.

(3.) Since the kidnapped boys could not be recovered nor any clue was found regarding the kidnappers, Pardeep Kumar Gupta-father of the boys had approached this Court and on the directions of this Court, the matter was referred to the CBI-appellant.