AMAR DUTT J. - (1.) SUNDER Pal and nine others including the Proclaimed Offender Virender were sent up to face their trial by Police Station, City, Panipat in F.I.R. No. 193 of 30.5.1996 for the commission of the offences punishable under Sections 363, 365, 386, 364-A read with Section 34 of the Indian Penal Code. After trial of all the accused except Virender, whose presence the Investigating Agency was not able to secure even during the trial, were convicted under Section 364A of the Indian Penal Code and each of them was sentenced to undergo rigrous imprisonment for life and to pay a fine of Rs. 1,000/- each. In default of payment of fine each one of them was ordered to undergo further rigorous imprisonment for four months.
(2.) BRIEFLY stated, the facts of the prosecution case, as brought out in the statements of its witnesses, are that Amit Kumar, son of Madan Mohan, was aged 9 years and on the date of the incident i.e. 29.5.1996 studying in Class III. He used to live with his father in House No. 212 Old Housing Board Colony, Panipat at a distance of about 100 yards from Salarganj Gate, Panipat. At about noon-time, on 29.5.1996 the boy had gone to Salarganj to play with his friends and when he did not return to the house the family made all efforts to trace him out which proved to be futile. Apprehending that he had been kidnapped, while Madan Mohan PW1 was proceeding to the Police Station City, Panipat to lodge a report he met a police party at Sukhdev Nagar where he made his statement Ex.PA and on its basis formal F.I.R. Ex.PA/2 was recorded. On 2.6.1996, Sanjiv Jain and Faqir Chand PW4 came and apprised Madan Mohan that Yashpal, a resident of Panipat, had come to them and told about their having received a telephonic message from Saharanpur that Amit Kumar was well but his abductors were demanding a ransom of Rs. 10,000,00/- failing which they were threatening to kill Amit Kumar. The abductors had further informed Yashpal that in case the matter was reported to the Police even then Amit Kumar would be killed. Yashpal had also been apprised of the manner in which the money was required to be paid, which mode required Yashpal to travel in car No. HR-06B-244 belonging to Sanjiv Tayal, the younger brother of Madan Mohan, display a white cloth for identification and reach the Railway Crossing before Rampur at 10.00 p.m. On reaching there, the car was to give a signal with the dipper.
(3.) ON getting this information, Madan Mohan, Sanjiv Jain and Faqir Chand had decided not to report the matter to the police and had arranged for the requisite amount taking Rs. 3,50,000/- from M/s Surya International (a factory owned by Madan Mohan), Rs. 50,000/- from M/s Design Rug owned by the younger brothers of Madan Mohan, Rs. 2,00,000/- from M/s Surya International in the name of Faqir Chand, an amount of Rs. 1,25,000/- from Surya Woollen Mills, Panipat and Rs. 2,75,000/- from Sintex Handi-craft, Panipat in the name of wife of Madan Mohan as she was partner of the firm.;