- (1.) The accused appellant Vijay Malhotra was put to trial by the Additional District & Sessions Judge, Fast Track Court No. 6, Ghaziabad in S.T. No. 535 of 2007 for committing offences under Sections 363 and 364A I.P.C. The appellant was heard on sentence on 8.2.2010 and was convicted by the Sessions Judge for a rigorous imprisonment for a period of five years along with Rs. 10,000/- as a fine under Section 363 I.P.C. In case of default, he had to undergo simple imprisonment for a period of ten months. The appellant was also convicted under Section 364 A I.P.C. for life imprisonment along with Rs. 20,000/- as a fine. In case of default, the appellant had to undergo twenty months simple imprisonment. All the sentences were to run concurrently.
(2.) A typed report (Ex.ka-1) dated 9.1.2007 was lodged by one Jamil Ahmad, informant (P.W.2) with the allegation that his two sons, namely, Khalil Ahmad aged about 16 years and Vakil Ahmad aged about 9 years were enticed away by the appellant, Vijay Malhotra under the pretext that he would take them to Chandigarh for outing and further asked them to bring money from their house. The kids were lured by Vijay Malhotra and they took Rs. 33,000/- kept in the money box at the shop of the informant. The appellant Vijay Malhotra ran away with two kids namely, Khalil Ahmad and Vakil Ahmad on 30.12.2007 without giving any information to anybody including the informant. It was further mentioned in the report that on 4.1.2007, between 6 P.M. to 9 P.M. a phone call was received on mobile number 9899252752 of one Abid. Abid told the informant about the phone call of Vijay Malhotra and the informant called back on the S.T.D. number 05944-241923 and 05942-241923 from the mobile of Abid. Vijay Malhotra received the call and demanded ransom of Rs. one lac and further threatened him to pay the amount within 3-4 days at Rampur station. He also threatened that if any report was lodged or information was given to the police he would kill both the kids. The informant was busy in arranging the ransom money. In the meantime on 8.1.2007 at around 6 P.M. one Dori Lal Kashyap came to the house of the informant and told him that the kids were at village Kira. He also told that in Kira, Vijay Malhotra was known as Nagraj alias Naga alias Karan son of Genda Lal (Kori.) As soon as the informant got information he went to the village Kira along with A.S. Khan son of M.A. Khan and Shafiq son of Abdul Aziz (P.W.4) and found the information to be correct that his kids were detained by Vijay Malhotra alias Nagraj alias Naga alias Karan son of Genda Lal(Kori) in his house. The motive for the incident was attributed to the fact that the two kids, namely, Khalil Ahmad and Vakil Ahmad were close to Vijay Malhotra, who was working at the shop of Shafiq Halwai in front of the shop of the informant. Thus he succeeded in luring them with a view to extract money from their father, the informant.
(3.) Defendant alleged false implication and stated that the kids went along with him out of their own volition and he never enticed or lured them to leave their house. The kids were also of his age and they were friends and no ransom was ever demanded. Both the kids were smart enough to take away the money from the shop for their outing.;