- (1.)Dharamvir, complaint, has filed this application under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment dated April 15, 2011, acquitting respondents No. 2 to 6 of the charges framed against them.
(2.)The process of law was started on an application Ex. PW6/A made by Dharamvir to ASI Narain Singh, Police Station Sadar Palwal. It was stated by him that his son Ramesh, aged about 15 years, was missing from his house w.e.f. December 11, 2008. He was searching for him in his relations. On December 17, 2008, he received a telephonic call on telephone No. 682401 from Mobile Phone No. 9319530472 from one Saleem Ali, resident of Nawla Khaloli, Murad Nagar (UP) to the effect that his son was in his custody. Above said Saleem Ali demanded an amount of Rs. 5,00,000/- as ransom. If not paid, it was threatened that Ramesh would be killed.
(3.)On above statement, FIR Ex. PW3/B was registered on December 19, 2008. During investigation, respondent No. 4 Virender was arrested on December 28, 2008. On interrogation, he suffered a disclosure statement Ex. PW8/B stating that he, along with his brother Surender, respondent No. 2, Smt. Suman wife of Hans Raj and his brother-in-law Hans Raj had kidnapped Ramesh for ransom. It was further stated that Ramesh has been concealed by Surender in the house of his friend Ram Avtar, resident of Mainpuri (UP) and then he was shifted to the house of Dilshahar, resident of Haridwar (UP). On January 1, 2009, above accused retracted his statement. In his second statement Ex. PB, he has stated that he knows nothing about Ramesh and his brother Surender.