Delhi District Court
State vs . Sukhwinder Singh & Ors. on 8 May, 2020
IN THE COURT OF SH. VISHAL SINGH, ADDITIONAL SESSIONS JUDGE-
03: WEST DISTRICT, THC, DELHI.
SC No. 57710/2016
State Vs. Sukhwinder Singh & Ors.
FIR No. 217/2009
U/s. 364A/302/411/34 IPC.
PS: Vikas Puri
JUDGMENT
1. Sr. No. of the case : 57710/2016
2. Date of Committal to Sessions : 09.12.2009
3. Name of the complainant : Sh. Sanjay Chawla
4. Date of Commission of Offence : 28.07.2009
5. Name and Parentage of Accused : 1. Sukhvinder Singh @ Manni
S/o. Sh. Jatinder Singh,
R/o. WZ-30b, Gali No.17,
Krishna Park Ext., New Mahavir
Nagar, Tilak Nagar, Delhi.
: 2. Kunal Bhandari @ Rocky
S/o. Sh. Inderjit Singh
R/o. WZ-E, Gali No.6, Krishna
Park, Tilak Nagar, Delhi.
: 3. Gaurav Chadha
S/o. Sh. Baljesh Chadha
R/o. L-68A, Gali No.19, New
Mahavir Nagar, Tilak Nagar,
Delhi.
FIR no.217/2009
PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 1 of 65
: 4. Rishabh Chauhan @ Shibu
S/o. Sh. Dheerender Chauhan,
R/o. GH-3/182, 1st Floor,
Paschim Vihar, New Delhi.
6. Offence complained of : 364A/302/411/34 IPC.
7. Offence Charged : U/s. 364A/302/201/34 IPC.
8. Plea of Guilt : Not guilty.
9. Final Order : Accused Sukhvinder Singh @
Manni & Rishabh Chauhan @
Shibu acquitted of the offence
U/s. 364A/302/201/34 IPC.
: However, accused Sukhvinder
Singh @ Manni & Rishabh
Chauhan @ Shibu convicted
for the offence U/s. 411 IPC
: Accused Gaurav Chadha &
Kunal Bhandari @ Rocky are
convicted for the offence U/s.
364A/302/201/34 IPC.
10. Date on which Order Reserved : 11.02.2020
11. Date on which Order Announced : 08.05.2020
BRIEF FACTS AND REASONS FOR DECISION:
1. The prosecution case against the accused persons is that on 28/07/2009 at about 02:45pm, in furtherance of their common intention, they kidnapped / abducted victim Ribhu Chawla, aged about 16 years, for ransom, in a WagonR car from the road near Ujjwal Apartments, Vikas Puri. The accused persons murdered victim Ribhu Chawla FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 2 of 65 despite receiving ransom amount of Rs.15 lakh from his father Sanjay Chawla and disposed of his dead body in the morning of 29/07/2009 in Vasant Kunj jungle (forest) near Peer Baba Mazar, in front of Vasant Kunj Ryan International School, New Delhi.
2. Upon investigation, police filed charge sheet for the offence U/s. 364A/302/411/34 IPC against the accused persons. On completion of necessary formalities, the chargesheet and supplementary chargesheets were committed for trial to this Court. All the accused persons were charged for the offence U/s. 364A/302/201/34 IPC, to which they claimed trial.
3. To prove its case, the prosecution examined total 36 witnesses. PW1 Shalini Chawla deposed that her son Ribhu was a student of 11th class in K.R. Mangalam School Vikaspuri, Delhi. She deposed that on 28/07/2009 her son did not return from school by 02:30pm. As she went out of her house/apartment between 02:30pm and 03:00pm to see her son, she heard a noise that a boy was being taken in a car. She rushed towards that noise and saw that Aviator Scooty of her son was lying at the corner of Ujjwal Apartment. She deposed that her son's classmate namely Shwetank told her that 34 boys had forcibly taken away her son in a light colour WagonR car. She immediately made a call, first to her husband and, then, to police at 100 number from her mobile phone no. 9313232339. She deposed that she told police at 100 number that two persons had pushed her son inside the car, while the other two were already inside the car, one of whom was driver and the other was sitting by his side. She deposed that Shwetank told the number of car as 3378. She deposed that 57 minutes after the incident, the offenders threatened her through mobile phone of her son stating that her son had been kidnapped and if she reported the matter to police, her son would be cut down (kaat dalenge). The offenders threatened her that they FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 3 of 65 would talk to her husband after one hour and, thereafter, the call got disconnected. When she called back at her son's mobile number, it was switched off. She deposed that police contacted her at her home and she narrated the incident to police. Police recorded her statement.
4.(a) PW2 Sanjay Chawla, father of victim Ribhu, deposed that on 28/07/2009, at about 02:45pm, his wife Shalini told him by calling at his mobile number that 23 boys had kidnapped their son Ribhu in a WagonR car bearing no. DL3378, from near Ujjwal Apartments. He asked her to wait and made a call at 100 number. He reached his home at 03:45pm and found people gathered there. His wife told him that she received call about kidnapping of their son and that the offenders would call him. He deposed that at about 04:15pm, the offenders called him at his mobile no. 9212004268 from his son's mobile no. 9999274657. The offenders told him that they had kidnapped his son and asked him to arrange Rs.20 lakh. He tried to argue with the offenders but they disconnected the call. He deposed that he received continuous mobile calls from his son's mobile number and the caller/offenders were continuously asking him for arranging money. In reply, he asked the offenders that being evening time it was not possible to him to arrange such a huge amount; during that period he was continuously talking to his son on his mobile phone. He deposed that after around 1½ hours, he informed the offenders by calling at his son's mobile phone that he had arranged Rs.15 lakh, to which they asked to contact him on mobile phone after one hour. He deposed that offenders asked him to pay Rs.15 lakh to them after which they would release his son. He deposed that at about 08:30pm, the offenders called him from his son's mobile phone and asked him to come towards Karnal Bypass. As per instructions of the offenders, he went towards Karnal Bypass having a bag containing cash of Rs.15 lakh (in the denomination 1000 x 2 packets = Rs.2 lakh, 500 x 24 packets = Rs.12 lakh and 100 x 10 packets = Rs.1 lakh) with him in his car. He FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 4 of 65 deposed that all the packets were signed by him on slip of paper tagged on them. He deposed that when he alone reached Karnal Bypass in his car, the offenders guided him to proceed further and as per their instructions he left the bag containing money behind a yellow colour board which was lying near Budhpur bus stop, ahead of Gurudwara on National Highway No.1. He deposed that after leaving the money, he made a call at his son's mobile phone, however, it was not pickedup, and within 10 15 minutes he received a call at his mobile that the offenders had received the money. He deposed that he asked the offenders to release his son since they had already received the money. He deposed that he lastly talked to his son at about 12:30am (night) and, thereafter, the offenders stated that they would inform him as to when and where they would release his son. He deposed that he continued to call his son's mobile many times, however, it was switched off whole the night.
4.(b) He deposed that in the morning too the mobile phone of his son was switched off and they saw in TV that the body of his son Ribhu, having monogram of K.R. Mangalam School on his shirt, was lying at Vasant Kunj, South Delhi. He deposed that on receiving calls from police, he alongwith his cousin Amit Chawla reached mortuary of AIIMS Hospital, where he identified dead body of his son vide memo Ex. PW2/A. He stated that he had already lodged the complaint Ex. PW2/B to police on 28/07/2009 and police also recorded his statement. He deposed that he told to police about arranging of money for making payment to the offenders. He deposed that he withdrew Rs.4 lakh from his SBI bank account no. 10505583449, while Rs.3 lakh were kept at his home. He also arranged Rs.2 lakh from his neighbour S.C. Bacher, retired bank officer, and Rs.6 lakh from his friend Mukesh Batra, resident of Sonepat. He deposed that in his as well as Shwetank's presence police prepared a drawing of the spot of incident. After postmortem, he obtained dead body of his son vide memo Ex. PW2/C. Upon application Ex.PW2/D, the court ordered vide order FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 5 of 65 dated 20/08/2009 to the police to release amount of Rs.13,52,000/, given by complainant to offenders as ransom money and same being recovered from the accused persons, to complainant. The said amount was released to him by police in police station. PW2 identified his signatures on the packets of money shown in photographs Mark A, B & C. PW2 deposed that he returned the money to the persons from whom he had arranged it. He deposed that he moved customer application form Mark E to obtain the Tata Indicom mobile phone.
5.(a) PW3 Shwetank is an eye witness to the incident. He deposed that deceased Ribhu Chawla was his classmate in K.R. Mangalam School, who resided in SBI Apartment, Vikaspuri. He deposed that on 28th July 2009, within 1520 minutes of his reaching home, Ribhu telephoned him and asked to help him in taking his scooty from Swhetank's society to Ribhu's home as Ribhu was on his bike. PW2 deposed that when he was on the way to Ribhu's home on his scooty and Ribhu was on his own bike, they saw a silver colour WagonR car near Ribhu's society. He deposed that two persons, who were standing near the car and might be known to Ribhu, called Ribhu as something belonged to Ribhu was there in the car. PW2 was slightly ahead of Ribhu. He deposed that he turned around and saw that the offenders, standing outside the car, picked Ribhu from his shoulder and feet, pushed him inside the car and immediately rushed from there. He identified accused Gaurav as the offender who picked Ribhu from his feet and accused Kunal as the offender who picked Ribhu from his shoulder, and abducted him in the car. He deposed that there might be two other offenders in the car but he could not identify them.
5.(b) He deposed that after 510 minutes, he told about the incident to Ribhu's mother, who telephoned to police as well as her husband and, thereafter, he returned to his home. He deposed that he did not inform his grandmother about the incident.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 6 of 65He deposed that PCR was parked outside SBI Apartment. He deposed that police reached the spot and carried out some mapping etc. at the corner of Ujwal Apartment in his presence as well as in presence of Ribhu's father. He told the facts of incident to police regarding parking of offender's car and his presence at the time of incident, to which police did some mapping/sketching work. He told police that Ribhu was in school uniform at the time of incident. He deposed that on 3rd August he went to Tihar Jail for the purpose of judicial TIP of accused persons, however, one of the accused persons refused to participate in TIP. During TIP, PW3 identified accused Gaurav as one of the offenders. The carbon copy of TIP proceedings are Mark F. He deposed that after one or two days of TIP in Tihar Jail, he again identified accused Gaurav and Kunal in police station as the offenders who were standing outside the car at the time of kidnapping of Ribhu. He deposed that police recorded his statement on the day of incident/mapping of the spot and not on the day when he was called in police station.
5.(c) He identified the seized car through photographs Mark G to J, respectively, stating that the car shown in the photographs was like that of silver colour WagonR car no. DL3378, used in kidnapping Ribhu. He identified the blood stained school pant/trouser with belt Ex. P1 and half sleeve summer school shirt Ex. P2, both having monogram of K.R. Mangalam School, stating that it were worn by Ribhu when he was kidnapped. He also identified the pair of Reebok shoes Ex. P3 as his school's official shoes.
6. PW4 Subhash Vachher deposed that he has known complainant Sanjay Chawla for four years being his neighbour in SBI Enclave, Vikaspuri. He deposed that on 28th July 2009, at about 03:00PM - 04:00PM, on hearing the noise "kidnap ho gaya kidnap ho gaya", he came out of his house and came to know that Ribhu Chawla S/o.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 7 of 65Sanjay Chawla had been kidnapped. He deposed that at about 07:00PM - 08:00PM Sanjay Chawla came to him and on request he gave cash of Rs.2 lakh (in the denomination of Rs.500/) to him, to be given to the kidnappers. Police recorded his statement on 02/08/2019.
7. PW5 Mukesh Batra deposed that he knew Sanjay Chawla being an old friend. He deposed that on 28/07/2009, Sanjay Chawla told him at his mobile no. 9896341576 that his son had been kidnapped and the kidnappers were demanding Rs.15 lakh as ransom for releasing his son. He deposed that Sanjay Chawla also told him that he had already arranged Rs.9 lakh and asked him to arrange Rs.6 lakh. He deposed that he arranged cash of Rs.6 lakh from his petrol pump and gave to Sanjay Chawla. He deposed that on next day morning he came to know from news as well as other messages that Ribhu had been killed by the kidnappers. He deposed that police recorded his statement on 02/08/2009 but he did not sign it.
8. PW6 Shashi Soni deposed that on 29/07/2009 while going to his office, he saw dead body of a boy near Peer Baba Wala Road, Rangpuri Pahari Anarkali Khander. He made a call at 100 number. PCR Van reached the spot and after pointing out the place where the dead body was lying, he went to his office. He identified the photographs of dead body, Mark A1 to A5.
9. PW7 Amit Chawla, cousin of Ribhu, deposed that on 29/07/2009, at about 09:30AM, he informed Sanjay Chawla regarding recovery of dead body of his son Ribhu and went to AIIMS Hospital with him, where he identified the body of Ribhu Chawla. Police recorded his statement Ex. PW7/A. FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 8 of 65
10. PW8 Joginder deposed/stated that he did not know anything about the present case. He was cross examined by Ld. Addl. PP as a hostile witness. In cross examination by Ld. Addl. PP, PW8 admitted that he ran a shop at Village Kambpur, Gram Panchayat Market, GT Karnal Road, near Balaji Dharam Kaanta, Haryana, by the name of 'Lohe Ki Dukan', where he used to sell hardware goods i.e. iron pipe, nylon rope and tubewell goods etc. He stated that he did not give any statement to police, nor police inquired him about anything. He denied the suggestion that he gave statement to police that on 07/08/2009, during noon hours, two police officials alongwith accused Gaurav came to his shop and Gaurav told police that on 28/07/2009, during evening hours, he had purchased one piece of pink colour nylon rope from his shop. He denied to having given statement to police that he handed over one sample piece of 1½ feet pink colour nylon rope from the bundle of nylon rope lying at his shop, which was seized by police by wrapping in a cloth pullanda. He deposed that he was forced to sign on blank papers. He admitted his signature at point A on seizure memo Mark X. He denied the suggestion that he signed the document Mark X after it was written, explained and read over to him. He denied to having voluntarily signed the document Mark X and to give statement to police. He denied the suggestion that accused Gaurav Chadha came to his shop alongwith police officials on 07/08/2009 and had also purchased a piece of rope on 28/07/2009 from his shop. He denied the suggestion that his statement was explained and read over to him by police. He denied to having identified the nylon rope and stated that it was not purchased from his shop. The rope was marked as Mark P1. He denied to having given the rope produced in Court to police as a sample on 07/08/2009, which was seized by police vide memo Mark X. He denied the suggestion that he deliberately did not identify the rope Mark P1 at the behest of accused persons.
11.(a) PW9 Naresh Kumar, Sr. Scientific Assistant, Biology, FSL, Rohini, deposed FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 9 of 65 that on 31/07/2009 a silver colour WagonR Car without any registration number bearing engine no. F10DN4541067 was brought to FSL, Rohini, Delhi. He inspected the car and found blood on driver's seat. He lifted blood stains prepared from the seat cover alongwith hairs near the hand brake, and after keeping the same in separate envelopes, handed over to HC Satyawan for further examination. He prepared his report Ex. PW9/A. He deposed that on 26/08/2009, 12 parcels were received in the office of FSL, Rohini. On opening, the parcels were found containing following items:
(i) Parcel No.1 - gauze cloth piece having brown stains Mark Ex.1.
(ii) Parcel No.2 - blood stained earth Mark Ex.2.
(iii) Parcel No.3 - earth control Ex. P3.
(iv) Parcel No.4 - gauze cloth piece having a few brown stains Mark
Ex.4.
(v) Parcel No.5 - blood stained earth Mark Ex. P5.
(vi) Parcel No.6 - loose earthy and concrete material (earth control)
Mark Ex.6.
(vii) Parcel No.7 - two handkerchiefs Mark Ex.7a & 7b.
(viii) Parcel No.8 - gauze cloth piece having faint brown stains Ex.8.
(ix) Parcel No.9 - few strands of hair Mark Ex.9.
(x) Parcel No.10 - one half sleeves school uniform shirt, pant,
underwear, a pair of shoes, a pair of socks Mark Ex. 10a to 10e.
(xi) Parcel No.11 - deceased's hair Mark Ex.11.
(xii) Parcel No.12 - dark brown gauze cloth piece described as blood in gauze of deceased Mark Ex.12.FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 10 of 65
11.(b) On biological examination, blood was detected on Ex.1, Ex.2, Ex.4, Ex.5, Ex.7a, Ex.8, Ex.10a, Ex.10b & Ex.12. Blood could not be detected on Ex.3, Ex.6, Ex.7b, Ex.10c, Ex.10d & Ex.10e. On the basis of morphological and microscopical study, hair in Ex.9 and Ex.11 were found to be human in origin and similar in most of their characteristics.
11.(c) On serological examination, human blood was found on Ex.1, Ex.2, Ex.4, Ex.5, Ex.7a, EX.8, Ex.10a & Ex.12. Blood group B was found on Ex.1, Ex.2, Ex.8, Ex.10a, Ex.10b & Ex.12. PW9 prepared his detailed biological report Ex. PW9/A and serological report Ex. PW9/B.
12. PW10 WHC Raj Bala, Duty Officer, deposed that on 28/07/2009, at about 03:17PM, she received information through wireless operator that one Renu Chawla (sic), aged 16 years, was kidnapped from near his H. No. 2053, SBI Apartment, by 4 5 boys in a silver colour WagonR Car No. DL3378, and the kidnappers had rushed towards CRPF Camp. She reduced the said information and recorded DD No.20A, Ex. PW10/A. The copy of DD was sent to ASI Ishwar Singh through DHG Ct. Hari Ram and information was also given to the SHO.
13. PW11 ASI Bal Kishan, Duty Officer, deposed that on 28/07/2009, at about 05:35PM, on receipt of rukka from Ct. Kalu Ram sent by ASI Ishwar Singh, he registered the FIR Ex. PW11/A and also made endorsement Ex. PW11/B on rukka. The copy of FIR and rukka were sent to Inspector Anand Lakra through Ct. Kalu Ram.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 11 of 6514. PW12 SI Mahesh Kumar, Draftsman, Crime Branch, deposed that on 13/08/2009 on request of Inspector Anand Lakra, SHO PS Vikas Puri, he visited the place i.e. vacant land near Mahipal Pur Road, where dead body of Ribhu Chawla was found. He deposed that at the instance of ASI Pawan Sharma, PS Vasant Kunj, he took rough notes and measurement of the spot, and prepared scaled site plan Ex. PW12/A. Thereafter, he destroyed the rough notes and handed over the scaled site plan to IO.
15.(a) PW13 Sh. Ashu Garg, Ld. MM, Tis Hazari Courts, deposed that on 31/07/2019 application Ex. PW13/A for holding TIP of accused Kunal Bhandari and Gaurav, moved by IO before the concerned Court of Ld. MM, was marked to him being Link MM, which he fixed for 03/08/2009. He deposed that on 03/08/2009 he reached Tihar Jail No.3, where he met IO as well as the witness and directed them to wait outside the jail. He entered Jail No.3, where the Jail Superintendent produced accused Kunal Bhandari in TIP room and identified the accused before him. He deposed that he explained the meaning of TIP to accused Kunal Bhandari @ Rocky, however, he refused to participate in TIP proceedings stating that he had already been shown to the witnesses at Crime Branch office. The accused was informed that his refusal to participate in TIP proceedings might result into adverse inference against him during trial, however, the accused insisted on his refusal. Statement of accused Kunal was recorded regarding his refusal to participate in TIP proceedings. The proceedings of TIP of accused Kunal Bhandari is Ex. PW13/B.
15.(b) Thereafter, PW13 went to Jail No.5, Tihar, for conducting TIP of accused Gaurav. Assistant Jail Superintendent Krishan Kumar produced accused Gaurav Kumar, who expressed his willingness to participate in TIP proceedings. Accused Gaurav was asked to pickup 810 under trials of his choice to participate in TIP FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 12 of 65 proceedings and he chose 10 persons.
15.(c) PW13 deposed that from amongst the undertrials participating in TIP proceedings and witness Shwetank correctly identified accused Gaurav. The statement of Shwetank was recorded in that regard. PW13 deposed that he appended the certificate regarding correctness of TIP proceedings. The TIP proceedings qua accused Gaurav is Ex. PW13/C. Upon application Ex. PW13/D, the copies of TIP proceedings were given to the IO. PW12 deposed that the TIP proceedings were also sent to the concerned Court through Ld. CMM, Delhi, in an envelope under the seal of his Court.
16. PW14 Ved Prakash, Assistant Nodal Officer, Reliance Communications, Reliance Centre, Maharaja Ranjit Singh Marg, produced the call record of mobile no. 9313232339, from 01/07/2009 to 30/07/2009, belonging to one Sanjay Chawla R/o. 11A/16, Old Rajender Nagar Basement, New Delhi. Attested copy of the form filled up by Sanjay Chawla alongwith copy of MTNL bill are Ex. PW14/A1 to Ex. PW14/A5 (colly.) and the relevant call details (consisting of 11 pages) are Ex. PW14/B1 to Ex. PW14/B11 (colly.). He also produced the call detail record of above mentioned mobile number from 28/07/2009 to 30/07/2009, Ex. PW14/C1 to Ex. PW14/C5 (colly.). The certificate of correctness of the aforementioned call details U/s. 65(B) 2(a) to 65(B) 2(d) of Evidence Act, 1872, is Ex. PW14/D.
17. PW15 Israr Babu, Alternate Nodal Officer, Vodafone, Essar Mobile Service Limited, Okhla, produced the call record of mobile no. 9999274657, from 20/07/2009 to 05/08/2009, belonging to Smt. Shalini W/o. Sh. Sanjay Chawla (complainant/PW2). Attested copy of the form filled up by Shalini alongwith identity FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 13 of 65 card are Ex. PW15/A1 to Ex. PW15/A3 (colly.) and the relevant call details (consisting of 17 pages) are Ex. PW15/B1 to Ex. PW15/B17 (colly.). He also produced the call detail record of above mentioned mobile number from 28/07/2009 to 30/07/2009, Ex. PW15/C1 to Ex. PW15/C3. The certificate of correctness of the aforementioned call details U/s. 65(B) 2(a) to 65(B) 2(d) of Evidence Act, 1872, is Ex. PW15/D.
18.(a) PW16 M.N. Vijayan, Nodal Officer, Tata Tele Services Limited, produced the call record of mobile nos. 9212004268, 9211660622 & 9213932281, from 28/07/2009 to 30/07/2009. As per record, mobile number 9212004268 belonged to Sanjay Chawla R/o. Flat No.14, Plot No.16, Brothers Apartments, Patparganj, New Delhi. Attested copy of the form filled up by Sanjay Chawla alongwith copy of PAN number and lease deed are Ex. PW16/A1 to Ex. PW16/A6 (colly.) and the relevant call details (consisting of 7 pages) are Ex. PW16/B1 to Ex. PW16/B7 (colly.). He also produced the call detail record of mobile no. 9212004268 from 28/07/2009 to 30/07/2009, Ex. PW16/C1 to Ex. PW16/C6.
18.(b) As per summoned record, mobile number 9211660622 belonged to one Jitender Singh. Attested copy of the form filled up by Jitender Singh alongwith copy of PAN number and election card are Ex. PW16/D1 to Ex. PW16/D2 (colly.) and the relevant call details (consisting of 2 pages) are Ex. PW16/E1 to Ex. PW16/E2 (colly.). He also produced the call detail record of mobile no. 9211660622 from 28/07/2009 to 30/07/2009, Ex. PW16/F1 and Ex. PW16/F2.
18.(c) As per summoned record, mobile number 9213932281 belonged to one Paramjeet Singh. Attested copy of the form filled up by Paramjeet Singh alongwith FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 14 of 65 copy of Voter I Card are Ex. PW16/G1 and Ex. PW16/G2 (colly.) and the relevant call details (consisting of 2 pages) are Ex. PW16/H1 to Ex. PW16/H2 (colly.). He also produced the call detail record of mobile no. 9213932281 from 28/07/2009 to 30/07/2009, Ex. PW16/J1 and Ex. PW16/J2. The certificate of correctness of the aforementioned call details U/s. 65(B) 2(a) to 65(B) 2(d) of Evidence Act, 1872, is Ex. PW16/K.
19.(a) PW17 R.K. Singh, Nodal Officer, Bharti Airtel Limited, produced the call record of mobile nos. 9971816972 & 9971525380, from 28/07/2009 to 30/07/2009. As per record, mobile number 9971816972 belonged to one Gagan Anand. Attested copy of the form filled up by Gagan Anand alongwith ID proof are marked as Mark A1 to A2. He deposed that the originals of Mark A1 and A2 could not be traced being an old disconnected record. He also produced the computer generated call details of mobile no. 9971816972 of Gagan Anand, from 28/07/2009 to 30/07/2009, certified/attested copy of which are Ex. PW17/A1 and Ex. PW17/A2.
19.(b) PW17 also produced the Customer Application Form of mobile phone no.9971525380, belonging to one Kunal Kumar Bhandari alongwith his ID proof i.e. photocopy of attested copies of passport Mark B1 and Mark B. The mobile call details of mobile no. 9971525380 from 28/07/2009 to 30/07/2009 are Ex. PW17/B1. The computerised attested copy of details are Ex. PW17/B2. The cell ID chart is Ex. PW17/C. The certificate of correctness U/s. 65B of Indian Evidence Act regarding call details record is Ex. PW17/D.
20. PW18 HC Jagmal, MHC(M), deposed that on 29/07/2009 ASI Pawan Kumar deposited seven sealed parcels, regarding which he made entry in Register No.19 at FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 15 of 65 serial no.2796. On 30/07/2009, all the parcels were sent to PS Vikas Puri through Ct. Sher Singh in case FIR No. 217/2009, U/s. 364A/34 IPC vide RC No.117/21/09. He deposed that Ct. Sher Singh handed over to him receipt of copy of RC for which he made entry in Register No.19 at serial no.2796. He produced the original Register No.19 containing the above mentioned entries, copy of which is Ex. PW18A. He deposed that till the case property remained in his possession, it was not tempered with. He also produced original Register No.21 containing RC No.117/21/09, copy of which is Ex. PW18/B.
21. PW19 Ct. Kalu Ram and PW20 ASI Ishwar Singh deposed similar to each other that on 28/07/2009, at about 03:17PM, on receipt of DD No.20A, Ex. PW10A, regarding kidnapping of a boy, they reached H. No. 2053, SBI Apartment, Vikas Puri, Delhi, where they met complainant Sanjay Chawla. ASI Ishwar Singh recorded statement of Sanjay Chawla, endorsed it vide Ex. PW20/A, prepared rukka and got the case registered through Ct. Kalu Ram at PS Vikas Puri. After registration of FIR, Ct. Kalu Ram returned to the spot and handed over original rukka and copy of FIR to the concerned SHO.
22. PW21 Ct. Sher Singh deposed that on 30/07/2009, upon directions of Duty Officer of PS Vikas Puri, he reached malkhana of PS Vasant Kunj and brought seven sealed parcels from MHC(M) of PS Vasant Kunj vide RC No.117/21/09, which he deposited with MHC(M) of PS Vikas Puri. He deposed that till the case property remained in his possession, it was not tempered with. He also took the receipt copy of RC from MHC(M), PS Vikas Puri and deposited it with MHC(M), PS Vasant Kunj.
23. PW22 SI Vijay Pal Singh, Incharge Mobile Crime Team, South Delhi, FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 16 of 65 deposed that on 29/07/2009, at about 08:20AM, on receipt of information from South District Control Room, he alongwith his team members i.e. ASI Aman Yadav (Fingerprint Expert), Ct. Girdhar (Photographer) and driver reached near Peer Baba Mazar, Main Vasant Kunj Mahipal Pur Road, Delhi, where they found dead body of a young boy, aged around 18 years, lying in the jungle. He inspected the scene of crime and directed Ct. Girdhar to take photographs from different angles. He prepared the inspection report Ex. PW22/A and handed over the same to ASI Pawan Kumar.
24. PW23 ASI Ram Kanwar, DD Writer, deposed that on 29/07/2009, at about 08:05AM, he received information from PCR regarding dead body of a student lying with a rope around its neck, in front of Ryan Public School near Pir Baba Mazar, in front of C8, Vasant Kunj. He recorded the information vide DD No.16A and sent its copy to ASI Pawan Singh through HC Ram Niwas. He produced the original DD Register containing DD No.16A, copy of which is Ex. PW23/A.
25.(a) PW24 Dr. Sunay Mahesh, Sr. Resident Department of Cardiology, Fortis Escorts Hospital, deposed that on 29/07/2009, being Sr. Resident Doctor, Department of Forensic Medicine at AIIMS Hospital, he conducted postmortem on the body of deceased Ribhu Chawla S/o. Sanjay Chawla, aged 17 years, between 01:30PM and 02:45PM. He deposed that during postmortem examination there was a gray and blue colour stripes shirt, gray colour pant with red colour waist belt and a dark colour gray underwear on the body of deceased alongwith a pair of black shoes (Reebok). Dry blood stains were present on pant at mid onethird of thigh region and on shirt in left anterior chest region. A pink colour nylon rope was present around the neck forming a single noose on neck. There was a running knot on back of right side of the neck, which was not secured using a thread and noose was cut on the opposite side of knot. The nylon rope ligature material was preserved and sealed.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 17 of 6525.(b) He deposed that on removing the ligature material from the neck, two ligature marks were visible. Ligature Mark 1 was 6 cm from chin and 14 cm from suprasternal notch of chest, 6 cm and 6.2 cm from right and left mastoid tips respectively. It was running backwards and upwards merging with posterior hair line. Ligature Mark 2 was situated 10 cm from mentum of chin and 9.3 cm from the supra sternal notch, 7.5 cm and 7.3 cm from right and left mastoid tips respectively, which was running horizontally around the neck and on back of the neck. The same was 6 cm from occipital protuberance and 4 cm from C7 vertebra. Both the ligature marks were of reddish brown, nonparchmentized with a width of 1.2 to 1.5 cm. Both the ligature marks were pattern abrasions, the pattern of which corelating with the ligature material i.e. nylon rope. He deposed that he prepared the sketch of the ligature marks in the postmortem report. Circumference of the neck was 35 cm. There were dry blood stains on right side of the face, neck and thigh and blood clots on nose. The bilateral eyes were congested and subconjectival hemorrhage was present on inner aspect of left eye.
25.(c) Besides the above mentioned two injuries, PW24 noted the following external injuries on body of the deceased:
(i) Multiple contusions abrasions in an area of 5 x 6 cm on right side face involving right zygomatic prominence, outer aspect of right orbit of eye and right chin. Dried blood stains were present on the wounds, which were of bright red colour and fresh in nature.
(ii) Red blue colour contusion of 3 x 2.8 cm and contusion abrasion of 1x1 cm on tip of nose.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 18 of 65(iii) Reddish blue colour contusion of 2 x 1 cm present on outer aspect of left upper eyelid.
(iv) Abrasion with contusion of 2 x 1 cm on left forehead and 2 cm above left eyebrow.
(v) Purplish colour contusion of 2 x 1 cm on inner aspect of lower lip on right side.
(vi) Contusion of 1 x 1 cm and laceration of 0.5 x 0.2 cm on left angle of mouth.
(vii) Two crescentic shape abrasions of 1 x 0.2 cm on dorsal aspect of first web space of right hand.
(viii) A crescentic shape abrasion of 0.9 x 0.3 cm on dorsal aspect of lower one third of right forearm, which was 2 cm from the wrist joint.
(ix) A grazed abrasion of 1 x 1.5 cm on back of right elbow joint.
(x) A purplish colour contusion of 2 x 1 on outer aspect of mid one third of right arm.
(xi) Two crescentic abrasion of 1 x 0.2 am each present on outer aspect of mid one third of left forearm.
(xii) An abrasion of 1.5 x 0.3 cm on inner aspect on lower one third of left forearm.
25.(d) He deposed that deceased child's brain as well as lungs were congested and the stomach contained semi digested food of about 50 cc. The ligature material, clothes and shoes, and blood sample in gauze were sealed and handed over to IO alongwith sample seal. The time since death was about half a day. The cause of death was asphyxia due to combined effect of smothering and ligature strangulation. All the FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 19 of 65 injuries were antemortem in nature. Pattern of ligature marks corresponded with ligature material. He proved his detailed postmortem report Ex. PW24/A. He identified the pink colour rope Ex. PX, which was found around the neck of dead body and was sealed by him.
26. PW25 HC Sumer Singh deposed that on 25/08/2009 on instruction of IO he took two sealed pullandas, one sealed with the seal of DP and the other sealed with the seal of Department of Forensic Medicine, AIIMS, Delhi, from malkhana of PS Vikas Puri vide RC No.79/21 and deposited it to FSL, Rohini. He returned to PS Vikas Puri and handed over copy of RC and receipt of FSL to MHC(M). He deposed that till the case property remained in his possession it was not tempered with.
27.(a) PW26 HC Subhash Chander deposed that on 29/07/2009 he was posted at PS Vikas Puri as MHC(M). On that day, Inspector Anand Lakra deposited four sealed parcels alongwith two sample seals with him, to which he made entry in Register No.19 at 2603. He deposed that on 30/07/2009 Inspector Anand Lakra again deposited a WagonR Car No. DL3CAW9076, a Nokia mobile phone, five sealed parcels stated to be containing currency notes, articles of personal search of four accused persons and seven more sealed parcels with him, to which he made entry in Register No.19 on the same entry i.e. 2603. On 31/07/2009 Inspector Anand Lakra deposited two sealed envelopes with him, to which he made entry in Register No.19 at 2606. He deposed that on 06/08/2009 Inspector Anand Lakra deposited a Samsung mobile phone, four sealed parcels stated to be containing currency notes with him, to which he made entry in Register No.19 at 2632.
27.(b) He deposed that on 25/08/2009 the parcel of rope sealed with the seal of FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 20 of 65 AIIMS and another parcel of rope having seal of DP alongwith sample seals were sent to FSL Rohini, through Ct. Sumer Singh vide RC No. 79/21 to which he made entry in Register No.19 at serial no. 2603. On 26/08/2009 twelve sealed parcels with the seal of HS, AL and AIIMS respectively, alongwith three sample seals were sent to FSL Rohini, through Ct. Rajesh vide RC No. 81/21 to which he made entry in Register No.19 at serial no. 2603. On 17/11/2009 a sealed parcel with the seal of FSL stated to be containing rope was sent to AIIMS through Ct. Jai Pal vide RC No. 93/21 for seeking opinion in respect of which he made entry in Register No.19 at serial no. 2603.
27.(c) He deposed that on 24/08/2009, the currency notes of Rs.13.52 lakh were released to superdar/complainant Sanjay Chawla by the orders of concerned Ld. MM after retaining their photocopies. He made entry in Register No.19 at serial no. 2603. He deposed that on 26/01/2010 recovered WagonR was released to superdar by the order of the Court of Ld. ASJ, regarding which he made entry in Register No.19 at serial no.2603.
27.(d) PW26 produced the original register no.19 in Court containing entries no.2603, 2606 & 2632, photocopies of which are Ex. PW26A to Ex. PW26/C respectively. He also produced the original RCs containing No. 79/21, 81/21 & 93/21, copies of which are Ex. PW26/D to Ex. PW26/F respectively. He deposed that till the case properties remained in his position, they were not tempered with.
28. PW27 SI Yogender deposed that on 07/08/2009 he alongwith SI Dharampal and Ct. Dharambir took accused Gaurav to Karnal. Accused led them to an iron/hardware shop near Balaji Dharamkanta, Gram Panchayat Market, FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 21 of 65 Tengupura, G.T. Road, Karnal, from where he had purchased a piece of pink colour nylon rope. SI Dharampal prepared the pointing out memo Ex. PW27/A. At the shop, they met its owner namely Joginder and he took a piece of one and a half feet nylon rope from the bundle as sample. He deposed that SI Dharampal seized the sample rope vide memo Ex. PW27/B and recorded his statement as that of Joginder as well. He identified the piece of rope Ex. P1 as the same taken as sample by IO on 07/08/209 from the shop of Joginder.
29. PW28 HC Shankar deposed that on 05/08/2009 he accompanied Inspector Anand Lakra, SI Dharampal and other staff alongwith accused Gaurav, Rishab and Kunal Bhandari to the jungle in Vasant Kunj area. The accused persons pointed out the place where they had thrown the dead body of deceased Ribhu Chawla and other things. IO prepared the pointing out memo Ex. PW28/A and recorded supplementary statement of accused persons vide memo Ex. PW28/B.
30. PW29 ASI Pawan Singh deposed that on 29/07/2009, on receipt of DD No.16A, he alongwith HC Ram Niwas reached at an abandoned place, service road, near Pir Mazar, where dead body of a boy wearing uniform of K.R. Kumar Manglam School, Vikas Puri, was lying. He immediately informed to his higher officers and called the crime team as well as photographer at the spot. He deposed that the SHO presumed the dead body as that of Ribhu Chawla, who was kidnapped from the area of PS Vikas Puri. He deposed that crime team inspected the spot and the photographer photographed the place where the body was lying from different angles. There were two handkerchiefs having some spot, a pink colour nylon rope and some blood near the dead body. He lifted earth control, blood and mixed the blood with earth. Thereafter, he prepared six separate parcels with the help of plastic box as well as white cloth, which he sealed with the seal of HS and gave them serial no. 1 to 6.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 22 of 65He also lifted the handkerchiefs which he converted into parcel with the help of white cloth, sealed it with the same seal of HS and gave serial no.7. All the seven parcels were seized vide memo Ex. PW29/A and seal after use was handed over to HC Ramesh. The body of deceased was sent to mortuary, AIIMS Hospital. Complainant/PW2/father of deceased came to mortuary alongwith SHO PS Vikas Puri and identified the dead body as that of his son Ribhu Chawla. Form 25.35, Ex. PW29/B was filled up and, after postmortem, the body was handed over to Sanjay Chawla. He deposed that on 13/08/2009 he alongwith SHO PS Vikas Puri and draftsman SI Mahesh reached the place where dead body was lying, and, at his instance, SI Mahesh took rough notes of that place. He deposed that he prepared the rough site plan Ex. PW29/C. He identified the case property i.e. handkerchiefs Ex. P1 & PW2, and the nylon rope Ex. PX.
31.(a) PW30 HC Satyawan Singh deposed that on 30/07/2009 on receipt of letter from SHO PS Vikas Puri, addressed to Director, FSL, Rohini, he took WagonR Car No. DL3CAW9076 from MHC(M), PS Vikas Puri, vide RC No.73/21 and deposited it with FSL, Rohini in intact condition. At FSL, Sh. Naresh Kumar, Biology Department, inspected the car and lifted certain exhibits from the seat etc., i.e. blood stains and hair lying inside the car. Thereafter, Naresh Kumar prepared two envelopes of the exhibits in unsealed condition and handed them over to him alongwith the car. He returned to PS, handed over the receipt of RC alonwith the car to MHC(M) as well as unsealed envelopes to SHO PS Vikas Puri in intact condition, sealed the envelopes with the seal of AL and seized them vide memo Ex. PW30/A. He deposed that till the case property remained with him, it was not tempered with.
31.(b) PW30 deposed that on 06/08/2009, he again joined investigation with SHO Inspector Anand Lakra, who, upon application, was granted three days PC remand of FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 23 of 65 accused Sukhvinder, produced in Court from jail, by Ld. MM. They took the accused to Vasant Kunj, where he pointed out at the abandoned place at Mazar Road, opposite C8, where he alongwith other coaccused persons had thrown the dead body of deceased Ribhu Chawla. IO prepared the pointing out memo Ex. PW30/B. They returned to PS alongwith accused Sukhvinder, where SI Dharampal alongwith other three accused persons Kunal Bhandari, Gaurav and Rishab was already present.
31.(c) He deposed that he alongwith SHO, SI Dharampal, 34 other police officials and all the four accused persons reached the house of accused Sukhvinder at Second Floor of H. No. WZ30B, Krishna Park Extension, Tilak Nagar. From the bed lying in his house, accused Sukhvinder got recovered two bundles of currency notes of Rs.500/, having a slip on upper side on which 100 was written with some signature. The bundles were converted into parcel with the help of white cloth and was seized vide memo Ex. PW30/C.
31.(d) After recovery from the house of accused Sukhvinder, they reached the house accused Gaurav at Ground Floor, L68A, New Mahavir Nagar, Gali No.19, Tilak Nagar, New Delhi. From the bed lying in the back side room of his house, accused Gaurav got recovered a bundle of currency notes of Rs.500/ alongwith other 64 notes of Rs.500 each, having a slip on upper side on which 100 was written with some signature. All the currency notes were converted into parcel with the help of white cloth and was seized vide memo Ex. PW30/D.
31.(e) Thereafter, they alongwith accused persons reached at First Floor of house of Rishabh at GH3/182, Paschim Vihar, Delhi, where accused Rishabh got recovered three bundles of currency notes of Rs.500/ from the bed lying in the room of his FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 24 of 65 house. The bundles were having a slip on its upper having written 100 with some signature. All the currency notes were converted into parcel with the help of white cloth and was seized vide memo Ex. PW30/E. Accused Rishabh also got recovered a black colour Samsung mobile phone from the bed stating that he had purchased it out of the amount received by committing the offence. The said mobile phone was seized by IO vide memo Ex. PW30/F.
31.(f) Thereafter, all of them reached the house of inlaws of accused Kunal Bhandari i.e. H. No. A28, First Floor, Majlis Park, Delhi, where, at the instance of accused Kunal, his motherinlaw handed over 10 bundles of currency notes of Rs.100/, two bundles of currency notes of Rs.500/ and other 40 notes of Rs.500/ from the peti (carton) lying in room of the house. The bundles as well as 40 notes were having a slip on their upper side with some signature. All the currency notes were converted into parcel with the help of white cloth and were seized vide memo Ex. PW30/G.
31.(g) PW30 deposed that all the accused persons led them on the road in front of Ujjwal Apartment from where they had kidnapped the deceased and the IO prepared the pointing memos Ex. PW30/H, Ex. PW30/J, Ex. PW30/K and Ex. PW30/L respectively. They returned PS and deposited the case property with MHC(M) and Inspector Anand Lakra recorded supplementary statement Ex. PW30/M of accused Sukhvinder.
31.(h) The case properties identified by PW30 are as follows:
a) The photocopies of currency notes recovered from possession of accused Sukhvinder Singh vide Mark P12.FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 25 of 65
b) The photocopies of currency notes recovered from possession of accused Gaurav vide Mark P13.
c) The photocopies of currency notes recovered from possession of accused Rishabh vide Mark P14.
d) The photocopies of currency notes recovered from possession of accused Kunal Bhandari vide Mark P15 (colly).
e) The recovered Samsung mobile phone from accused Rishabh Chauhan vide Ex. PW30/A.
31.(i) He explained that during his examinationinchief, he had mentioned the date as 30/04/2012, instead 30/07/2009 when he had taken the WagonR Car bearing No. DL3CAW9076 from MHC(M) and deposited it at FSL, Rohini.
32. PW31 HC Ramesh Kumar corroborated the testimony of PW29 regarding lifting of blood, blood stained earth, earth control and two handkerchiefs from near Peer Mazar, situated on the way in front of Ryan International School & C8Block, Vasant Kunj, where the dead body of deceased Ribhu Chawla was recovered. The case properties were converted into seven parcels i.e. serial no. 1 to 7 respectively, sealed with the seal of HS, and were seized vide memo Ex. PW29/A. He identified the case properties vide Ex. PA1 and PA2 respectively.
33. PW32 HC Rajesh Kumar deposed that on 26/08/2009 MHC(M), PS Vikas Puri, handed over him 12 pullandas and three sample seals vide RC No.81/21/09, to be deposited at FSL office. He deposited the pullandas at FSL office and handed over their receipt to MHC(M). He deposed that till the pullandas remained in his possession, they were not tempered with.FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 26 of 65
34.(a) PW33 ASI Rajender deposed that on 29/07/2009 he joined investigation of the present case with Inspector Anand Lakra and they went to AIIMS mortuary, where IO collected sealed pullandas alongwith sample seal from the hospital and the seized the same vide memo Ex. PW33/A. He deposited that on 30/07/2009 he again joined the investigation with IO and reached the office of Special Staff, Tagore Garden. He deposed that incharge staff Inspector Raj Kumar produced accused Gaurav Chadha and Sukhvinder @ Manni before the IO/SHO. IO interrogated the accused persons, recorded disclosure statement of accused Sukhvinder vide memo Ex. PW33/C, conducted his personal search vide memo Ex. PW33/G and arrested him vide memo Ex. PW33/F. IO also recorded disclosure statement of accused Gaurav Chadha vide memo Ex. PW33/B, conducted his personal search/Jama Talashi vide memo Ex.
PW33/E and arrested him vide memo Ex. PW33/D.
34.(b) Thereafter, all the police officials alongwith accused Gaurav Chadha and Sukhvinder @ Manni left the office of Special Staff, Tagore Garden. He deposed that accused Gaurav Chadha led them to his house and got recovered one wad of currency notes of Rs.1,00,000/ (in the denomination of Rs.1,000/ each) from the steel almirah. There was a slip on the wad having written 100 with initials. The recovered wad was sealed in a pullanda with the seal of AL and was seized vide memo Ex. PW33/H.
34.(c) After recovery from the house of accused Gaurav Chadha, accused Sukhvinder @ Manni led them to his house and got recovered one wad of currency notes of Rs.1,00,000/ (in the denomination of Rs.1,000/ each) from the almirah. There was a slip on the wad having written 100 with initials. The recovered wad was sealed in a pullanda with the seal of AL and was seized vide memo Ex. PW33/J. He deposed that FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 27 of 65 accused Sukhvinder also got recovered one Nokia mobile phone from the almirah at his home disclosing that it belonged to deceased Ribhu Chawla. The recovered Nokia mobile phone was seized by IO vide memo Ex. PW33/K.
34.(d) He deposed that, thereafter, at the pointing out of accused Guarav Chadha and Sukhvinder @ Manni, accused Kunal Bhandari was apprehended from his home. IO interrogated accused Kunal Bhandari, arrested him vide memo Ex. PW33/L and got his personal search conducted vide memo Ex. PW33/M. He deposed that accused Kunal Bhandari got recovered six wads of currency notes of Rs.3 lakh (in the denomination of Rs.500/ each). There was a slip on each wad having written 100 with initials. All the recovered wads were sealed in a pullanda with the seal of AL and were seized vide memo Ex. PW33/N. He deposed that accused Kunal Bhandari led them to the house i.e. B11, First Floor, Asha Park, of his father Inderjeet Singh, who, upon inquiry, disclosed that accused Kunal Bhandari had given him cash of Rs.1 lakh stating that it was from committees. Father of accused Kunal Bhandari produced two weds (Rs.50,000/ each) containing total cash of Rs.1 lakh (in the denomination of Rs.500/ each) attached with a slip on its upper side having written 100 with initials. The recovered wads were sealed in a pullanda with the seal of AL and were seized vide memo Ex. PW33/P.
34.(e) Thereafter, all three accused Guarav Chadha, Sukhvinder @ Manni and Kunal Bhandari led them to the house of their fourth associate accused Rishabh Chauhan at Flat No.182, GHIII Block, Paschim Vihar, disclosing that they alongwith accused Rishabh Chauhan had committed the crime. IO interrogated accused Rishabh Chauhan, recorded his disclosure statement Ex. PW33/Q, arrested him vide memo Ex. PW33/R and got his personal search conducted vide memo Ex. PW33/S. He deposed that on the basis of disclosure statement, accused Rishabh Chauhan got FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 28 of 65 recovered four wads of currency notes of Rs.2 lakh (in the denomination of Rs.500/ each) from the almirah. There was a slip on each wad having written 100 with initials. All the recovered wads were sealed in a pullanda with the seal of AL and were seized vide memo Ex. PW33/T. He deposed that accused Rishabh Chauhan also got recovered one WagonR Car bearing no. DL3CAW9076 from his house disclosing that they had murdered victim Ribhu Chawla in it. IO seized the recovered car vide memo Ex. PW33/U.
34.(f) PW33 identified the photocopies of currency notes recovered from accused Gaurav vide Ex. P16, the photocopies of currency notes recovered from accused Sukhvinder vide Ex. P17, the photocopies of currency notes recovered from accused Kunal Bhandari vide Ex. P18, the photocopies of currency notes recovered from accused Rishabh Chauhan vide Ex. P19, photocopies of currency notes recovered from the father of accused Kunal Bhandari vide Ex. P20 and the WagonR Car, recovered from the house of accused Kunal Bhandari, vide Ex. PX. He also identified the recovered Nokia mobile phone E71 having IMEI No. 351940030932232 from the house of accused Sukhvinder @ Manni vide Ex. PY.
35.(a) PW34 Inspector Dharampal corroborated the testimony of PW28 HC Shankar regarding joining of investigation of the present case alongwith Inspector Anand Lakra, SHO PS Vikas Puri, pointing out of the place by accused Gaurav, Rishabh and Kunal Bhandari where they had thrown the dead body of deceased Ribhu Chawla after murdering him, and recording of disclosure statements of accused persons.
35(b) PW34 also corroborated the version of PW30 HC Satyawan regarding joining of investigation of present case on 06/08/2009 alongwith the IO, recovery of currency FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 29 of 65 notes from the respective house of accused Sukhvinder, Gaurav, Rishabh and Kunal Bhandari, recovery of black colour Samsung mobile phone from the house of accused Rishabh, seizure of currency notes as well as recovered Samsung mobile phone by IO and pointing out of the place from where they had kidnapped victim Ribhu Chawla.
35.(c) He also deposed similar to PW27 SI Yogender regarding purchase of nylon rope by accused persons, with which they had murdered Ribhu Chawla by strangulating him, from the iron shop belonging to PW8 Joginder at G.T. Karnal Road; the pointing out of shop by accused Gaurav and seizure of one and half feet long pink colour nylon rope as sample by IO from the said shop. He identified the produced nylon rope Ex. P1, Samsung mobile phone Ex. PW30/A and photocopies of recovered currency notes Mark P12 to P15 (Colly.)
36. PW35 deposed that the present FIR regarding kidnapping of a boy namely Ribhu Chawla was registered in PS Vikas Puri on 28/07/2009. He deposed that on instructions of senior officers, he alongwith his team members started investigation. He deposed that on 29/07/2009 at around 11:30am one secret informer informed him that two boys namely Gaurav and Sukhvinder, who were involved in kidnapping of Ribhu Chawla, had gone to Haridwar, Uttrakhand and, if raided, they could be apprehended. On the basis of secret information, he obtained permission from his senior officers to visit out of station and prepared a raiding party consisting of SI Charan Singh, SI Manoj, ASI Veer Pal, ASI Nirakar, HC Sanjay and Ct. Amarjeet alongwith other staff. On 29/07/2009, he alongwith raiding party as well as secret informer reached at Bus Stop, Haridwar, at around 08:30/08:45 pm, where, at the pointing out of secret informer, he with the help of raiding party apprehended accused Gaurav and Sukhvinder and brought them to Delhi for investigation. At around 03:00/03:30am on 30/07/2009, they reached the office of Special Staff, FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 30 of 65 Tagore Garden alongwith the accused persons. He deposed that during investigation, both the accused disclosed that they alongwith other two boys namely Kunal Bhandari and Rishabh Chauhan had kidnapped Ribhu Chawla and, later, murdered him. He deposed that Inspector Anand Lakra, SHO PS Vikas Puri was informed in that regard, who also came to the office of Special Staff and the accused persons were again interrogated in his presence.
Further, PW35 corroborated the testimony of PW33 ASI Rajender regarding arrest of accused Sukhvinder, Gaurav, Kunal Bhandari and Rishabh Chauhan by IO, recovery of currency notes from their respective house and from the father and inlaws of accused Kunal Bhandari as well as recovery of Nokia mobile phone, belonging to deceased Ribhu Chawla, from the house of accused Sukhvinder, conducting of their personal search, seizure of recovered currency notes and mobile phone, and recovery as well as seizure of WagonR Car bearing No. DL3CAW 9076 from the parking of Apartment of accused Rishabh Chauhan.
37.(a) PW36 IO Inspector Anand Lakra deposed that on 28/07/2009, at about 02:45pm, a call was received from control room regarding kidnapping of Ribhu Chawla and the inquiry was marked to ASI Ishwar Singh, who reached the spot and intimated him through telephone about kidnapping of Ribhu Chawla. On receipt of the said information, he alongwith other staff members reached the spot i.e. near Ujjwal Apartment, near State Bank Colony, opposite BSES Office. ASI Ishwar Singh recorded statement of Sh. Sanjay Chawla, father of Ribhu Chawla, endorsed it and handed over the rukka to constable for registration of FIR. He deposed that after registration of FIR, constable returned to the spot and handed over the rukka and copy of FIR to him. He deposed that one eye witness namely Shwetank told to him the facts of kidnapping of master Ribhu Chawla, who was his school mate. He FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 31 of 65 deposed that the kidnappers were making calls frequently at the mobile phone of Sanjay Chawla from the mobile phone of his son master Ribhu Chawla. After informing the senior police officials, two teams were prepared i.e. one of special staff and the other of PS. He deposed that as revealed by Shwetank the last digit of the WagonR, used by kidnappers, was '76'. They waited for the said WagonR Car at Karnal Bypass till 01:00am and, thereafter, returned to PS.
37.(b) He deposed that at about 08:00 - 08:30am, on receipt of call from SHO PS Vasant Kunj regarding discovery of dead body of a school boy near Mazar, opposite Pocket C8, DDA Flats, Vasant Kunj, he alongwith other staff members reached there and noticed lot of blood at that place. Thereafter, he went to mortuary AIIMS Hospital, where ASI Pawan, PS Vasant Kunj handed over to him the relevant documents. Sh. Sanjay Chawla, father of the victim was informed about the incident, who, later, reached the mortuary and identified the dead body as that of his son Ribhu Chawla. He filled up the relevant documents U/s. 174 CrPC regarding inquest and recored identification statement of Sanjay Chawla and paternal uncle of deceased vide Ex. PW2/A and Ex. PW7/A respectively. After postmortem, the body was handed over complainant Sanjay Chawla. The concerned doctor handed over the relevant exhibits to him, which he seized vide memo Ex. PW33/A. Thereafter, he collected the exhibits lifted from the spot by ASI Pawan Singh from PS Vasant Kunj and deposited them in malkhana of PS Vikas Puri.
37.(c) He deposed that on 30/07/2009, at about 08:00 - 08:30am, on receipt of information from Inspector Raj Kumar, Special Staff, regarding apprehension of accused Sukhvinder @ Manni and Gaurav Chadha, he reached the office of Special Staff, where he interrogated accused Sukhvinder @ Manni and Gaurav Chadha, recorded their disclosure statements Ex. PW33/C and Ex. PW33/B respectively, FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 32 of 65 arrested them vide memos Ex. PW33/F (Sukhvinder) and Ex. PW33/D (Gaurav) and personally searched them vide memo Ex. PW33/E (Gaurav) and Ex. PW33/G (Sukhvinder) respectively. He deposed that in pursuance to their disclosure statements, accused Sukhvinder and Gaurav led them to Tilak Nagar and accused Kunal Bhandari and Rishabh Chauhan were arrested and were personally searched vide memos Ex. PW33/L, Ex. PW33/R (Rishabh), Ex. PW33/M (Kunal) and Ex. PW33/S (Rishabh) respectively. He deposed that he interrogated accused Kunal Bhandari and Rishabh Chauhan and recorded their disclosure statements Ex. PW35/A and Ex. PW33/Q.
37.(d) He deposed that accused Sukhvinder @ Manni led them to his house at Tilak Nagar, from where ransom amount of cash of Rs.1 lakh was recovered and he seized it vide memo Ex. PW30/C. He deposed that from the house of accused Sukhvinder, they went to the house of accused Gaurav Chadha, from where some cash was also recovered, but he did not remember the exact amount. He seized the recovered amount vide memo Ex. PW33/H. From the house of accused Gaurav Chadha, they went to the house of accused Rishabh Chauhan, from where the WagonR car, used for kidnapping master Ribhu Chawla, was recovered. Accused Rishabh Chauhan also got recovered cash of Rs.2 lakh from his house. He seized the recovered cash vide memo Ex. PW33/T and the car vide memo Ex. PW33/U. He deposed that from the house of Rishabh Chauhan, they went to the house of accused Kunal Bhandari, from where accused Kunal got recovered cash of Rs.3 lakh, which he seized vide memos Ex. PW33/N and Ex. PW33/P.
37.(e) He further deposed that all the accused persons were produced in Court in muffled face as their TIP were to be conducted and were sent to judicial custody by the Court. He moved application Ex. PW13/A for TIP of accused Kunal Bhandari and FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 33 of 65 Gaurav, which was fixed for 03/08/2009 by the Court. He also applied for supply of copy of TIP proceedings vide request Ex. PW13/D. The recovered cash and car were deposited in malkhana of PS Vikas Puri. The car was sent to FSL, Rohini, for obtaining expert opinion. He deposed that the expert at FSL, Rohini, handed over to him an envelope containing bunch of hair of deceased, recovered from back seat of the car, which he seized vide memo Ex. PW30/A. He deposed that TIP of accused Kunal Bhandari and Rishabh Chauhan was conducted on 03/08/2009.
37.(f) He deposed that on 04/08/2009 he obtained police custody remand of accused Kunal Bhandari, Gaurav Chadha and Rishabh, who pointed out the place from where they had kidnapped master Ribhu Chawla and the place where they threw his dead body after murdering him. He further interrogated accused Rishabh Chauhan and Gaurav and recorded their supplementary statements Ex. PW28/B and Ex. PW34/A, in pursuance of which the remaining ransom amount was recovered on 06/08/2009. He deposed that accused Rishabh Chaunan also got recovered a mobile phone stating that he had purchased it out of the ransom amount, which he seized vide memo Ex. PW30/F.
37.(g) He deposed that on 06/08/2009 he obtained police custody remand of accused Sukhvinder @ Manni, who identified the place from where master Ribhu Chawla was kidnapped and he prepared pointing out memo Ex. PW30/J. Accused Sukhvinder also identified the place where the dead body of deceased Ribhu Chawla was thrown after murdering him and he prepared the pointing out memo Ex. PW30/B. He deposed that in pursuance of his supplementary statement, one mobile phone alongwith cash of Rs.1 lakh were recovered from the house of accused Sukhvinder, which were seized by him vide memos Ex. PW33/K and Ex. PW33/J respectively.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 34 of 6537.(h) He deposed that the relevant exhibits were sent to FSL. The CDR/CAF record pertaining to mobile phone of Ribhu Chawla and his father Sanjay Chawla were collected. He deposed that he prepared the site plan of the place of kidnapping vide Ex. PW36/A. He deposed that a scaled site plan was also got prepared. He recorded statement of witnesses and after completion of investigation filed the charge sheet in the Court.
38. All the incriminating evidence that came on record in the deposition of prosecution witnesses was put in detail to the accused persons and their statements were recorded U/s. 313 CrPC. They denied all incriminating evidence and asserted that they were falsely implicated in the present case.
39. In their defence, the accused persons examined DW1 HC Ravail Kumar. DW1 produced the record related to PCR call dated 30/07/2009 vide CRD No. 30.Jul, 091360008. He deposed that the relevant record had already destroyed vide order dated 27/05/2012 of the then Addl. DCP (GA) PCR Delhi dated 27/05/2013.
40. DW2 Jatender Singh deposed that on 30/07/2009, at about 08:30am, 56 police officials came to his home in civil dress and, upon their asking, he told them that his son was in factory at Gali No.12, Anand Parbat, New Delhi. He deposed that the police officials told him that his son Sukhvinder Singh had murdered someone and took him as well as his younger son Amandeep to the office of Tagore Garden, Special Staff. He deposed that his daughter Rubina made a call at 100 number and complained at Police Control Room that the police had taken away her Chacha (DW2) and her brother Amandeep. He deposed that he and his son Amandeep left the office of Special Staff on the same day at around 08:00PM and nobody had inquired FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 35 of 65 him about the present case, neither any police officials visited him thereafter. He deposed that his son was falsely implicated in the present case.
41. I have heard final arguments from Ld. Addl. PP for State and from Ld. defence counsels.
42. Eye witness Shwetank: The only eye witness to the incident is PW3 Shwetank. He stated that victim Ribhu Chawla was his friend and they studied together in K.R. Manglam School in the same class. Victim Ribhu Chawla resided in SBI Apartment, Vikas Puri, whereas, PW3 Shwetank resided in adjoining Brotherhood society. On 28.07.2009, he went home after the school hours. Within 1520 minutes of reaching home, he received telephone call from victim Ribhu, who wanted him to bring his scooty parked in Brotherhood society to SBI Apartment. When he went downstairs from his home, he found victim Ribhu Chawla present there on a motorbike. Ribhu asked him to help him take the scooty to his home. As they proceeded victim Ribhu on his motorbike and PW3 Shwetank on the scooty, to Ribhu's home, they found one WagonR car of silver colour parked on the road. Two persons were standing near the car and they called victim Ribhu. Shwetank assumed that they were known to Ribhu as they called him and spoke that some of Ribhu's belongings were in their car. PW3 Shwetank noticed that as Ribhu was speaking to them, one of the two persons picked Ribhu from his shoulder, whereas, the other one picked Ribhu from his feet and they forcibly put him in the car. Thereupon the WagonR car immediately rushed and took a left turn.
PW3 Shwetank stated that he became shocked by the incident. In the meantime, some crowed gathered there. After 510 minutes Ribhu's mother came FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 36 of 65 there. He did not know her name. He told her about the incident, whereupon, she called police and then rang her husband. After spending some time at the spot, he went to his home. He said that he became depressed and did not inform his grandmother, who was alone at home.
43. In the Court, PW3 identified accused Gaurav and accused Kunal as the offenders, who kidnapped victim Ribhu in the WagonR car. He pointed out that accused Kunal had picked up victim Ribhu by his shoulder, whereas, accused Gaurav picked Ribhu by feet. He stated that there may be two other persons in the WagonR car, in which Ribhu was kidnapped but he could not notice them. The statement of PW3 Shwetank is in corroboration to identification of accused Gaurav in judicial TIP proceedings Ex.PW13/C at the stage of investigation. On the other hand, vide TIP proceedings Ex.PW13/B, accused Kunal Bhandari refused to participate in TIP proceedings to be conducted through witness Shwetank.
44. Ld. defence counsels argued that PW3 Shwetank is not an eye witness; he is a planted witness, introduced by the IO as an afterthought to falsely implicate the accused persons. The FIR has not been registered on the statement of PW3 Shwetank, although, he is alleged to be an eye witness. The FIR was registered at 05:35 PM on 28.07.2009, whereas the incident occurred between 02:30 PM - 03:00 PM. There was no reason for nonregistration of FIR on the statement of alleged eye witness Shwetank as he was available at the spot. The registration of FIR after delay of more than two hours, that too, on the statement of Sanjay Chawla (father of victim Ribhu Chawla), who was not an eye witness to the incident, reflects that Shwetank was not an eye witness to the incident. The site plan of the spot Ex.PW36/A is a loosely drawn up plan of the site where the incident of kidnapping occurred. It does not reflect the place where WagonR car was standing, neither the place where victim FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 37 of 65 Ribhu's bike and scooty were found lying. More importantly it does not reflect the spot from where Shwetank saw the offenders kidnapping victim Ribhu. The site plan does not bear Shwetank's signature, indicating that neither was it prepared at the instance of Shwetank nor is Shwetank an eye witness to the incident. In his statement recorded U/s 161 Cr.P.C Ex.PW36/DA, witness Shwetank had not given any description of appearance of the kidnappers, which would be a natural thing to do if he was an eye witness to the incident. PW3 Shwetank did not reveal the complete and correct registration number of the WagonR car on which the offenders kidnapped victim Ribhu. He disclosed the registration number as DL3378, whereas, the registration number of the WagonR car recovered by the police was DL3CAW 9076. Ld. defence counsel pointed out that PW3 did not know the registration number of motorbike driven by victim Ribhu and the registration of Ribhu's scooty driven by him. Thus, testimony of PW3 Shwetank is unworthy of credit.
45. PW3 Shwetank replied in crossexamination that on 28.07.2009, he received mobile calls from victim Ribhu Chawla on his mobile no.9911797370. He did not remember the mobile number of victim Ribhu Chawla. The prosecution case is that mobile number of victim Ribhu Chawla is 9999274657, from which the kidnappers made ransom calls to PW1 Shalini Chawla and PW2 Sanjay Chawla, the parents of victim Ribhu Chawla. The certified copy Ex.PW15/A1 of prepaid application form for mobile no. 9999274657 reflects that it is registered in the name of Ms. Shalini Chawla, mother of victim Ribhu Chawla. The call detail record of mobile phone no.9999274657 is Ex.PW15/C2. It reflects that a call was made from mobile no.9999274657 (Ribhu Chawla) to mobile no. 9911797370 (PW3 Shwetank) on 28.07.2009 at 14:35:48 hrs (02:35 PM). A call was again made from the same mobile number to the same mobile number at 14:39:48 hrs (02:39 PM). The call detail record Ex.PW15/C2 corroborates the version of PW3 Shwetank that he received calls from FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 38 of 65 victim Ribhu, who needed his assistance to take his scooty home.
46. PW1 Ms. Shalini Chawla deposed that on 28.07.2009, her son Ribhu Chawla went to attend his school and was expected to return home by 02:30 PM. Between 02:30 PM and 03:00 PM, she went downstairs to see why Ribhu had not come back from school. When she went out of SBI Apartment, she heard a noise that a boy had been taken (kidnapped) in a car. She rushed towards the noise coming from near Ujjwal Apartment and saw that Aviator scooty of her son was lying at the corner of Ujjwal Apartment. One boy Shwetank of the same school and same class as of her son Ribhu was standing there and he told her that 34 boys had forcibly taken away her son in a WagonR car of light colour. She immediately called her husband Sanjay Chawla and police at 100 number from her mobile no.9313232339. The certified copy Ex.PW14/A1 of customer application form of mobile no.9313232339 reflects that it is registered in the name of Sanjay Chawla, husband of PW1 Shalini Chawla. The call detail record Ex.PW14/C1C5 (5 pages) of mobile no. 9313232339 reflects that a call was made from this number to police at 100 number on 28.07.2009 at 14:52:25 hrs (02:52 PM). PW1 called police at 100 number, not as an eye witness to the incident, but on the basis of information received from PW3 Shwetank.
47. As per DD no.20A dated 28.07.2009 Ex.PW10/A, an information was received at 03:17 PM at PS Vikas Puri from PCR that one Renu Chawla aged 16 years R/o H.No.2053, SBI Apartment has been kidnapped by 45 persons in silver colour WagonR car no.DL3378 from near his/her home while coming back from school. The call to PCR was made from mobile no.9313232339. Except for confusion regarding name of the kidnapped person, all the details of DD no.20A Ex.PW10/A are as disclosed to PW1 Shalini Chawla by PW3 Shwetank.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 39 of 6548. There is no reasonable ground to doubt the presence of PW3 Shwetank at the spot at 02:52 PM when PW1 Shalini Chawla called police. PW3 Shwetank received mobile call from victim Ribhu at 02:35 PM and 02:39 PM. He stated that there was two minute walking distance from his home to Ribhu's home but they could not reach Ribhu's home as the incident occurred before they could reach Ribhu's home. He deposed that the whole incident happened within 57 minutes. He deposed that Ribhu's mother met him at the spot after about 10 minutes of the incident. If testimony of PW3 Shwetank is considered in the light of testimony of PW1 Shalini Chawla and call detail record Ex.PW15/C2 of mobile no.9999274657, there remains no scope to doubt his presence at the spot at the time of incident. Shwetank met victim Ribhu at 02:39 PM and in no time they reached the spot on their respective vehicles. The incident lasted for around 57 minutes i.e. till around 02:45 PM. In few minutes thereafter Ribhu's mother reached the spot and was told about the incident. She called police at 100 number at 02:52 PM. In view of the foregoing observations, the defence argument that PW3 Shwetank is a planted witness and not an eye witness to the incident is rejected.
49. Of course, police should have been prompt enough to register the FIR at the earliest, that too, on the statement of eye witness Shwetank. Not doing so may reflect the casual approach of the police, nevertheless, it does not affect the creditworthiness of testimony of PW3 Shwetank. Similar is the case with site plan of the spot Ex.PW36/A. It could, rather, should have been more elaborate with clear depiction of respective placement of WagonR car, motorbike, scooty and eye witness Shwetank. Nondepiction thereof may reflect poorly on the IO but it does not mean that the site plan itself is incorrect or has not been prepared at the instance of eye witness Shwetank. There is no legal requirement for the IO to obtain signature of the witness at whose instance he has prepared the site plan of the spot. PW2 Sanjay Chawla FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 40 of 65 deposed that police prepared a drawing of the spot in his presence and in presence of Shwetank. Thus, there is no reason to doubt the veracity of site plan Ex. PW36/A.
50. The statement of PW3 Shwetank recorded U/s 161 Cr.P.C Ex.PW36/DA reflects that he had disclosed physical description of one of the two offenders, who had kidnapped victim Ribhu in WagonR car. He also stated that he could identify the offenders if produced before him. There is no substance in the defence argument that witness Shwetank completely missed to state the description of the offenders. Shwetank correctly identified accused Gaurav in judicial TIP proceedings Ex.PW13/C dated 03.08.2009, whereas accused Kunal Bhandari unreasonably refused to participate in judicial TIP, as reflected in TIP proceedings Ex.PW13/B. It is observed that as per testimony of PW3 Shwetank, the incident lasted for 57 minutes during which he must have ample opportunity to look at the two offenders, who kidnapped victim Vibhu in WagonR car. PW3 Shwetank comes across as a trustworthy witness. He fairly conceded in his deposition that he could see only two of the offenders. He stated that there may be two other persons in the WagonR car but he could not notice them. His testimony does not seem to be one of a planted or tutored witness.
51. Ld. defence counsel argued that strangely, PW Shwetank did not tell anyone at his home about the incident that he just witnessed. In this regard PW3 Shwetank fairly deposed that he became depressed after the incident and did not tell about it to his grandmother, who alone was present at home. It is observed that Shwetank himself was a school going child and his conduct immediately after the incident is consistent with that of a shocked eye witness, who just witnessed kidnapping of his friend.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 41 of 6552. PW1 Ms. Shalini Chawla: The testimony of PW1 Shalini Chawla is relevant as res gestae; she reached the spot soon after the incident and was instantly informed about the incident by eye witness Shwetank. The DD no.20A Ex.PW10/A was recorded on the basis of call made to police by PW1 Shalini Chawla through her mobile no.9313232339. The apparent misdescription of the name of kidnapped person as Renu Chawla instead of Ribhu Chawla in DD no.20A Ex.PW10/A can be ignored as clerical mistake of police control room staff in recording of name of kidnapped person. In all other relevant details, one cannot find any fault with DD no.20A (supra).
PW1 Shalini Chawla deposed that within 57 minutes after she called police at 100 number, she received call from mobile phone of her son Ribhu. The caller threatened her that her son had been kidnapped and if she reported the matter to police, her son would be cut down (kat dalenge). The caller further told her that he would talk to her husband after about one hour and disconnected the phone.
53.(a) PW2 Sanjay Chawla: The FIR was registered on the statement of Sanjay Chawla, father of victim Ribhu Chawla, at 5.35 pm, on 28.07.2009. He deposed that on that day, at around 2.45 pm, his wife Shalini called him and told that 23 boys had kidnapped Ribhu from near Ujjawal Apartment, that is near to their home. At that time, he was at Nizamuddin Bridge in his car. He immediately rushed to his home and reached there at 3.45 pm. His wife told him that the kidnapper would call him. At around 4.15 pm, he received call on his mobile number 9212004268 from Ribhu's mobile number 9999274657. The caller told him that he and his associates had kidnapped Ribhu and asked him to arrange ransom amount of Rs. 20 lakh. When he tried to reason with the kidnapper, he disconnected the phone. Thereafter, he continued to receive ransom calls from mobile of his son. He talked to his son Ribhu FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 42 of 65 too during the ransom calls.
53.(b) After about one and a half hour, Sanjay Chawla informed the kidnapper on the mobile phone of Ribhu that he had arranged ransom of Rs. 15 lakh. The kidnapper told him to wait for around one hour and said that Ribhu would be released on payment of ransom of Rs. 15 lakh. At about 8.30 pm, the kidnappers called him through mobile phone of Ribhu and asked him to come towards Karnal Bye Pass after which they would give further directions. In the meantime, the kidnappers continued to talk to him. He went towards Karnal Bye Pass in his car along with cash of Rs. 15 lakh in a bag. The cash was in following denomination:
(i) 1000 x 2 packets = 2 lacs
(ii) 500 x 24 packets = 12 lacs
(iii) 100 x 10 packets = 1 lac.
53.(c) He wrapped his signed slip of paper on all the packets. Upon reaching Karnal Bye Pass all alone in his car, he was directed by the kidnappers to go towards Bus stop of Budhpur ahead of Gurudwara on National Highway No.1. They told him that at a construction site he would find a yellow colour board behind which, he was directed to put the bag containing cash. Within 1015 minutes, he received call from the kidnappers to confirm that they had received the money. He asked them that since they had received the ransom money, they should release Ribhu. Thereafter, Sanjay Chawla came home. For the final time, he talked to Ribhu at around 12.30 at night, who told that he was feeling sleepy. The kidnappers told him that they would inform him when and where they would release his son. Thereafter, the mobile phone of his son remained switched off for the night.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 43 of 6553.(d) Next morning, he came to know in the T.V. news that dead body of his son Ribhu Chawla was found lying in Vasant Kunj, South Delhi. PW2 Sanjay Chawla stated that he arranged Rs.4 lakh by withdrawing it from his SBI Account number 10505583449; obtained Rs.2 lakh from his neighbour S.C. Bacher, a retired Bank Officer; Rs.3 lakh were kept at his home; Rs.6 lakh were arranged from his friend Mukesh Batra, a resident of Sonepat. The said witnesses corroborated the version of PW2 in this regard.
54. Sanjay Chawla deposed that he received information from police regarding recovery of part ransom amount of Rs. 13,52,000/. Upon his application Ex. PW2/D, the court ordered release of money in his favour. He identified the photographs Mark A, B and C of the recovered cash bundles (wads) with white paper slips partly enveloped around them and bearing his signatures. He deposed that he returned the borrowed amount to the lenders. PW2 Sanjay Chawla replied in cross examination that he did not inform or involve police in arranging ransom money or delivering it to the kidnappers. He explained that the caller (kidnapper) had threatened and instructed him to come alone and not to disclose anything to anyone.
55. Ld. defence counsels argued that PW2 Sanjay Chawla colluded with the IO in planting false recovery of ransom amount upon the accused persons. It was argued that at the behest of police officers, he arranged cash after arrest of accused persons, put his signed white paper slips around money wads in the Special Cell office and planted it upon the accused persons as purportedly recovered ransom amount.
56. The call detail record (CDR) of mobile phone no. 9212004268, used by FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 44 of 65 PW2 Sanjay Chawla is Ex. PW16/C1 - C6 (6 pages). It reflects that Sanjay Chawla received mobile call on his mobile no. 9212004268 from mobile no. 9299274657, used by his son Ribhu at 04:14 PM. Thereafter, he received numerous calls of long as well as short duration from above mentioned mobile number of his son Ribhu. Sanjay Chawla had final conversation on mobile number of Ribhu at 12:34 am, intervening night of 28/07/2009 - 29/07/2009.
The call detail record (supra) leaves no room to doubt that Sanjay Chawla received ransom call from the kidnappers and he was in constant touch with them through mobile phone of his kidnapped son Ribhu till midnight.
57. PW4 Subhash Vachher is a close neighbour of Sanjay Chawla. He deposed that on 28/07/2009 at about 78:00PM Sanjay Chawla visited his home to help in making payment of ransom money to the kidnappers. He gave cash of Rs.2 lakh in denomination of Rs.500/ each to Sanjay Chawla.
58. PW5 Mukesh Batra is an old friend of Sanjay Chawla, and a resident of Sonipat, Haryana. He deposed that on 28/07/2009 he received mobile call from Sanjay Chawla on his mobile no. 9896341576 who told that his son Ribhu had been kidnapped. Sanjay Chawla requested him to arrange Rs.6 lakh as he had already arranged Rs.9 lakh out of ransom amount of Rs.15 lakh. He immediately left Sonipat alongwith cash of Rs.6 lakh withdrawn from his petrol pump. Sanjay Chawla saw him off after taking money from him. The call detail record (CDR) of mobile phone no. 9212004268 Ex. PW16/C1 - C6, used by PW2 Sanjay Chawla reflects that Sanjay Chawla made mobile call to mobile no. 9896341576 (of PW5) on 28/07/2009 at 05:01PM.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 45 of 6559. From the call detail record Ex. PW16/C1 - C6 and testimonies of PW2 Sanjay Chawla, PW4 Subhash Vachher and PW5 Mukesh Batra it is established that Sanjay Chawla received ransom call from the kidnappers, arranged ransom amount of Rs.15 lakh and delivered it to the kidnappers. Sanjay Chawla deposed that he counted cash with the help of money counting machine kept at his home and put signed slips of white paper on all the currency wads before delivering it to the kidnappers.
60. It is understandable that as a distressed father, Sanjay Chawla did not take police into confidence while arranging ransom money and delivering it to the kidnappers. There is no reason to doubt his testimony regarding delivery of cash to kidnappers with signed slips on the currency wads. Sanjay Chawla had no prior acquaintance with the accused persons because of which he had no possible motive to falsely implicate the accused persons by putting his signed white paper slips around money wads in the Special Cell office, to plant it upon the accused persons. The defence suggestion put to PW2 Sanjay Chawla in this regard was speculative and had no reasonable basis.
61. PW33 ASI Rajender deposed that silver colour WagonR Car No. DL3CAW 9076 was recovered on 29/07/2009 at the instance of accused Rishabh Chauhan from his home. The car was seized vide memo Ex. PW33/U. PW30 HC Satyawan deposed that on 30/07/2009 he took the said WagonR Car from MHC(M) PS Vikas Puri vide RC No. 73/21 and deposited it with FSL, Rohini, in intact condition. PW9 Naresh Kumar, Sr. Scientific Assistant, Biology, FSL, Rohini, deposed that on 31/07/2009 a silver colour WagonR Car without any registration number bearing engine no. F10DN4541067 was brought to FSL, Rohini, Delhi. He inspected the car and found blood on driver's seat. He lifted blood stains prepared from the seat cover alongwith FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 46 of 65 hairs near the hand brake, and after keeping the same in separate envelopes, handed over to HC Satyawan for further examination. He prepared his report Ex. PW9/A.
62. Ld. defence counsels argued that the identity of recovered Wagon R car No.DL3CAW9076 as the car used for kidnapping of victim Ribhu remained unestablished. The report Ex.PW9/A vide which PW9 Naresh Kumar, Sr. Scientific Asstt., FSL, Rohini lifted blood stain sample and hair from Wagon R car cannot be relied upon as no precaution was taken by police in keeping the car in sealed condition from the date of seizure till date of inspection by PW9. The Wagon R car was driven by PW30 HC Satyawan from PS Vikas Puri to FSL, Rohini for inspection by PW9. The tempering of Wagon R car during transport from police station to FSL cannot be ruled out.
Ld. Defence counsels further argued that the forensic report Ex.PW9/B is neither conclusive nor reliable.
63. Indeed, although the colour, model and company of the recovered car, i.e., Wagon R car No.DL3CAW9076 was similar to the car deposed about by PW3 Shwetank as used for kidnapping of victim Ribhu Chawla, its registration number did not match with the number noted and disclosed by him; he stated that the number of Wagon R car was DL3378. He did not state about presence of any distinguishing mark on the Wagon R car used for kidnapping of victim Ribhu Chawla, to identify the recovered Wagon R car as the same used for kidnapping.
PW36 IO/Inspector Anand Lakra admitted in crossexamination that the recovered Wagon R car was parked in the parking of police station before it was driven by HC Satyawan to FSL, Rohini, and no special precaution was taken to FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 47 of 65 protect the vehicle from tempering.
64. PW9 Naresh Kumar had collected Ex.8, i.e., gauze cloth piece having faint brown stains obtained from driver's seat of Wagon R car No.DL3CAW9076. He had collected Ex.9, i.e., a few strands of hair collected from near the hand brake of Wagon R car No.DL3CAW9076. As per FSL serological report Ex.PW9/B, Ex.8 (gauze cloth piece) contained human blood of 'B' group, the same as that of deceased Ribhu Chawla. As per report Ex.PW9/B, PW9 compared Ex.9 with Ex.11. Ex.11 was a bunch of hair of deceased Ribhu Chawla, handed over to police by PW24 Dr. Sunay Mahesh vide post mortem report Ex.PW24/A. In respect of Ex.9 & EX.11, PW9 gave the report that on the basis of morphological and microscopical studies, hair in exhibits 9 & 11 were found to be human in origin and similar in most of their characteristics.
The report Ex.PW9/B indicated that the hair recovered from seized Wagon R car No.DL3CAW9076 could be that of deceased Ribhu Chawla.
65. However, PW9 could not substantiate his report. As per his report, the hair in Ex.9 & Ex.11 were similar in most of their characteristics. He could not answer what characteristics did not match between Ex.9 & Ex.11. PW9 admitted that the hair that are cut from middle could be distinguished from the hair that are pulled from the root but he did not examine and compare the hair from this angle. His report did not mention if the comparative samples were cut hair or pulled hair. In cross examination, he replied that the following characteristics of Ex.9 and Ex.11 were compared - colour, pigmentation, diameter, medullary index, medulla, length, adherent material, colour in low magnification, colour in high magnification, and FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 48 of 65 position of root and tip. His report Ex.PW9/B does not reflect that he compared the exhibits on above mentioned characteristics. No comparative parameters and characteristics were mentioned to substantiate the report. The report is very cryptic and not reliable. Strangely, DNA profiling of the comparative hair exhibits was not done instead of morphological and microscopical hair analysis that is inherently weaker science and is less reliable.
In view of foregoing analysis, it remained unproved that the seized Wagon R car No.DL3CAW9076 was used to kidnap victim Ribhu Chawla and victim's blood and hair were found in it.
66. The testimony of PW30/HC Satyawan Singh and that of PW9 Naresh Kumar regarding the date on which Wagon R car No.DL3CAW9076 was taken from Malkhana of PS Vikas Puri to FSL, Rohini for inspection and lifting of samples, do not match. Whereas, PW30 HC Satyawan Singh deposed that he took Wagon R car No.DL3CAW9076 to FSL on 30072009 and the car was inspected by PW9 Naresh Kumar in his presence, PW9 Naresh stated that the said car was brought to FSL, Rohini for inspection on 31072009.
ARREST OF ACCUSED PERSONS AND RECOVERY OF RANSOM AMOUNT ETC. FROM THEM :
67. PW35 Inspector Rajkumar headed the team of police officials who arrested accused Gaurav and Sukhvinder from Haridwar, Uttarakhand on 29072009. He deposed that on 28072009 he was posted as Inspector, Special Staff, Tagore Garden. On that day, he received information about kidnapping of victim Ribhu FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 49 of 65 Chawla in the area of PS Vikaspuri and registration of FIR of this case. On instructions of his senior officers, he along with his team members started working on this case and gathered information from his sources. On 29072009 at around 11.30 A.M., a secret informer met him at his office and informed that two boys - Gaurav and Sukhvinder, who were involved in kidnapping of Ribhu Chawla had gone to Haridwar, Uttarakhand where they could be apprehended. He obtained permission from senior officers to visit outstation and prepared a raiding party of seven police officials including himself. The raiding party started from Delhi in two vehicles along with secret informer on 29072009 and reached bus terminal, Haridwar at 8.308.45 P.M. on the same day. At the instance of secret informer, the raiding team apprehended Gaurav and Sukhvinder and questioned them about the offence.
68. Upon failure of accused Gaurav and Sukhvinder to answer satisfactorily, they were brought to Delhi for further investigation. The raiding team along with accused Gaurav and Sukhvinder reached Special Staff office at Tagore Garden at around 3:003:30 A.M., where they disclosed about coaccused Kunal Bhandari and Rishabh Chauhan and their involvement in kidnapping and murder of victim Ribhu Chawla. On receipt of information, IO/SHO PS Vikas Puri, Inspector Anil Lakra reached office of Special Staff, Tagore Garden at 6.00 A.M. Accused Sukhvinder and Gaurav were interrogated and arrested by IO Inspector Anil Lakra vide arrest memo Ex.PW33/F and Ex.PW33/D.
69.(a) PW35 Inspector Raj Kumar joined the investigative team of Inspector Anand Lakra on 30/07/2009. He stated that first of all, accused Sukhvinder led police to his house at WZ30B, Gali No.17, Krishna Park, Tilak Nagar, New Delhi. At his house, accused Sukhvinder got recovered one wad of currency notes in the denomination of Rs.1,000/ with one signed white slip wrapped around it and numerical 100 written FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 50 of 65 on it, from almirah kept on the ground floor in the middle room of his house. The wad of currency notes was seized by IO Inspector Anand Lakra vide seizure memo Ex. PW33/J and the currency notes were sealed in a parcel with the seal of AL. Thereafter, from the same almirah, accused Sukhvinder took out a mobile phone Nokia E71 which was seized vide memo Ex. PW33/K.
69.(b) Thereafter, accused Gaurav led the police team to H. No. L68A, Ground Floor, Gali No.19, New Mahavir Nagar, Tilak Nagar, New Delhi, from where he got recovered one wad of currency notes in the denomination of Rs.1,000/ with one signed white slip wrapped around it and numerical 100 written on it, from almirah kept in back room of his house. The wad of currency notes was seized by IO Inspector Anand Lakra vide seizure memo Ex. PW33/H and the currency notes were sealed in a parcel with the seal of AL.
69.(c) From the house of accused Gaurav, accused Sukhvinder and Gaurav led the police team to house of Kunal Bhandari at WZE106, Ground Floor, Krishna Park, Tilak Nagar, New Delhi, where accused Kunal Bhandari was arrested (Ex. PW33/L) and his disclosure statement (Ex. PW35/A) was recorded. In pursuance of his disclosure statement, accused Kunal Bhandari got recovered six currency wads of Rs.50,000/ each (total Rs.3 lakh, in denomination of Rs.500/) from upper drawer of almirah lying in central room of his house. Each wad was found wrapped with a signed piece of white paper on which numerical 100 was found written. The recovered wads were kept in pullanda which was sealed with seal of AL. The pullanda was seized vide seizure memo Ex. PW33/N.
69.(d) Thereafter, accused Kunal Bhandari led the police team to house of his father FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 51 of 65 at B11, First Floor, Asha Park, Jail Road Hari Nagar. Sh. Inderjit Singh, the father of accused Kunal Bhandari was found present there and was intimated about the reason of police visit. Inderjit Singh handed over two currency wads of Rs.50,000/ each (total Rs.1 lakh, in denomination of Rs.500/). Each wad was found wrapped with a signed piece of white paper on which numerical 100 was found written. Inderjit Singh told the police that the said money was handed over to him by accused Kunal Bhandari on 29/07/2009 as his share of committee in which accused Kunal Bhandari was one of the member. The recovered wads were kept in pullanda which was sealed with seal of AL. The pullanda was seized vide seizure memo Ex. PW33/P.
69.(e) Thereafter, accused Gaurav, Sukhvinder and Kunal Bhandari led the police team to the house of accused Rishabh Chauhan at GH3/182, First Floor, LIG Flat, Paschim Vihar, New Delhi, where accused Rishabh Chauhan was arrested (Ex. PW33/R) and his disclosure statement (Ex. PW33/Q) was recorded. From his house, accused Rishabh Chauhan got recovered four wads of currency notes (total Rs.2 lakh) in the denomination of Rs.500/ each with one signed white slip wrapped around them and numerical 100 written on them. The recovered wads were kept in pullanda which was sealed with seal of AL. The pullanda was seized vide seizure memo Ex. PW33/T. Accused Rishabh Chauhan also got recovered WagonR Car bearing no. DL 3CAW9076 from the parking of his apartment. The said car was seized by IO vide seizure memo Ex. PW33/U.
70.(a) PW30 HC Satyawan Singh deposed that on 06/08/2009 he again joined investigation with IO Inspector Anand Lakra who had obtained police custody remand of accused persons. The accused persons took the police to their respective houses. On that day accused Sukhvinder got recovered two wads of currency notes in the denomination of Rs.500/ each (total Rs.1 lakh) with one signed white slip FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 52 of 65 wrapped around it and numerical 100 written on it, from the bed kept on the ground floor bedroom of his house at WZ30B, Krishna Park Ext., Tilak Nagar, New Delhi. The wads of currency notes were seized by IO Inspector Anand Lakra vide seizure memo Ex. PW30/C and the currency notes were sealed in a parcel with the seal of AL.
70.(b) Thereafter, accused Gaurav led the police team of IO to his H. No. L68A, Ground Floor, Gali No.19, New Mahavir Nagar, Tilak Nagar, New Delhi, from where he got recovered one wad of currency notes in the denomination of Rs.500/ each (Rs.50,000/) with one signed white slip wrapped around it and numerical 100 written on it, and another wad of 64 currency notes in the denomination of Rs.500/ each (Rs.32,000/) with one signed white slip wrapped around it and numerical 100 written on it from the bed kept in back side bedroom of his house. The wad of currency notes was seized by IO Inspector Anand Lakra vide seizure memo Ex. PW30/D and the currency notes were sealed in a parcel with the seal of AL.
70.(c) Thereafter, accused Rishabh Chauhan led the police team of IO to his house no. GH3/182, First Floor, LIG Flat, Paschim Vihar, New Delhi, where he got recovered three wads of currency notes (total Rs.1,50,000/) in the denomination of Rs.500/ each with one signed white slip wrapped around them and numerical 100 written on them. The recovered wads were kept in pullanda which was sealed with seal of AL. The pullanda was seized vide seizure memo Ex. PW30/E.
70.(d) Finally, accused Kunal Bhandari led the police team to house of his inlaws at A28, First Floor, Majlis Park, Delhi. Smt. Bimla Ahuja, motherinlaw of accused Kunal Bhandari was found present there. She handed over 10 wads of 100 currency FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 53 of 65 notes each in the denomination of Rs.100/ (total Rs.1 lakh), two wads of 100 currency notes each in the denomination of Rs.500/ (total Rs.1 lakh), and another wad of 40 currency notes in the denomination of Rs.500/ each (total Rs.20,000/) to the IO. Total Rs.2,20,000/ were recovered from the house of inlaws of accused Kunal Bhandari. Each wad was found wrapped with a signed piece of white paper on which numerical 100 was found written. The recovered wads were kept in pullanda which was sealed with seal of AL. The pullanda was seized vide seizure memo Ex. PW30/G.
71. PW33 ASI Rajender deposed similar to PW35 Inspector Raj Kumar regarding arrest of accused persons and recovery made at their instance. PW33 identified photocopies of the recovered currency notes as Mark P16 to P20 as original currency notes had already been released by the Court in favour of complainant Sanjay Chawla. The accused persons did not object to identity of the seized WagonR Car, that was got released on superdari by father of accused Rishabh Chauhan. Upon submissions of the accused persons, the seized WagonR car was exhibited as Ex. PX, without requiring actual production in the Court. The Nokia phone, Model No. E71, IMEI No.351940030932232, seized from accused Sukhvinder vide seizure memo Ex. PW33/K, was exhibited as Ex. PY.
72. The CDR of mobile no. 9999274657, belonging to victim Ribhu Chawla, which was used by the kidnappers to make ransom calls, reflect that the said mobile SIM (no. 9999274657) was being used in a mobile handset having IMEI No. 351940030932230. The seizure memo Ex. PW33/K reflects that Nokia mobile phone Model No. E71, having IMEI No. 351940030932232, without SIM card was recovered at the instance of accused Sukhvinder Singh from his home on 30/07/2009. The IMEI number of mobile phone recovered at the instance of accused Sukhvinder FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 54 of 65 matched with IMEI No. of mobile phone belonging to victim Ribhu Chawla, which was used by the kidnappers to make ransom calls.
73. Ld. defence counsels argued that the place from where and the circumstances in which accused Gaurav and Sukhvinder were arrested, remained mysterious. The prosecution case is that these two accused persons were apprehended at Haridwar, Uttrakhand, on the basis of secret information. However, neither specific place of their apprehension has been proved nor was the local police station at Haridwar informed about it.
74. Ld. defence counsels argued that there was no consistency in the deposition of prosecution witnesses regarding the accused whose house was visited first by the investigation team - whether it was accused Gaurav or accused Sukhvinder? PW33 ASI Rajender stated that the investigation team firstly visited the house of accused Gaurav Chadha and made recovery of currency notes from there. Thereafter, investigation team was led by accused Sukhvinder to his house. On the other hand, PW36 Inspector Anand Lakra deposed that the investigation team firstly visited the house of accused Sukhvinder and then went to house of accused Gaurav Chadha. To add to the confusion, PW35 Inspector Raj Kumar deposed that first of all accused Sukhvinder led the investigation team to his house, whereafter, accused Gaurav Chadha led the investigation team to his house. In crossexamination, PW35 admitted that the investigation team firstly visited the house of accused Gaurav Chadha and then went to house of accused Sukhvinder. Thus, there was apparent contradiction in their testimonies on material point.
75. Ld. defence counsels argued that accused persons have been falsely implicated FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 55 of 65 in this case. No incriminating fact was discovered at the instance of accused persons. The investigative team headed by the IO forcibly seized currency notes of family members of accused persons and converted them into wads wrapped with paper slips signed by complainant Sanjay Chawla in office of Special Staff to show false recovery of ransom money. No public person was joined in arrest and recovery proceedings, although, the public persons were easily available. All the witnesses to arrest memos and seizure memos are members of investigation team.
76.(a) On the other hand, Ld. Addl. PP argued that accused Gaurav and Sukhvinder were arrested at bus stop, Haridwar on 29/07/2009 at around 08:30 - 08:45pm on the basis of secret information received by PW35 Inspector Raj Kumar. The said accused persons were immediately brought back to Delhi by the raiding team led by Inspector Raj Kumar. The raiding team alongwith said accused persons reached office of Special Staff, Tagore Garden, at around 03:00 - 03:30am, on 30/07/2009. IO Inspector Anand Lakra reached office of special staff at 06:00am. IO arrested accused Sukhvinder Singh on 30/07/2009, at 08:00am, at Special Staff Office, Tagore Garden, New Delhi, vide arrest memo Ex. PW33/F. Accused Gaurav Chadha was arrested on the same day at the same place as above, at 08:20am vide arrest memo Ex. PW33/D. Accused Kunal Bhandari was arrested on 30/07/2009 at 11:05am, at his home vide arrest memo Ex. PW33/L. Accused Rishabh Chauhan was arrested on 30/07/2009 at 12:55pm, at his home vide arrest memo Ex. PW33/R.
76.(b) In this manner, the raiding team led by PW35 Inspector Raj Kumar and investigation team led by IO Inspector Anand Lakra were able to arrest the offenders in quick succession, by 12:55pm on 30/07/2009 and recovered critical incriminating evidence from them. Ld. Addl. PP argued that if the raiding team of Inspector Raj Kumar had indulged in formality of informing the local police at Haridwar of their FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 56 of 65 arrival and departure as well as apprehension of accused Gaurav and Sukhvinder, it could have resulted in loss of crucial time and possible disappearance of coaccused Kunal Bhandari and Rishabh Chauhan with incriminating evidence. Ld. Addl. PP rightly argued that arrest of offenders, establishing their identity and recovery of incriminating evidence from them was much more important than establishing the place of arrest of accused Gaurav and Sukhvinder. For this reason, nonintimation to the local police station by the raiding team does not adversely affect the prosecution case.
76.(c) Ld. Addl. PP argued that the recovery in pursuance of disclosure statements of the accused persons from their respective houses were effected on two different dates as well as in different sequence. The initial recovery was effected on the date of arrest of accused persons i.e. 30/07/2009. Thereafter, the recovery was effected on 06/08/2009 when the accused persons were in police custody of IO for three days through the orders dated 06/08/2009 of Ld. MM. When the foregoing peculiar circumstances of the case are considered, the minor contradictions in the statement of witnesses related to sequence of visit of house of the accused persons to recover incriminating evidence do not affect the credibility of testimonies of witnesses.
76.(d) Ld. Addl. PP further argued that noninvolvement of public persons by the police at the time of arrest of accused persons and recovery of evidence does not adversely impact the prosecution case. Two of the accused persons were arrested within one day of kidnapping Ribhu Chawla, whereas, remaining two were arrested within two days. I agree with submissions of ld. Addl. PP that the raiding team and investigation team was required to act swiftly to arrest the accused persons and to discover the evidence. Involving public persons in such emergent situation could compromise the promptness of police action.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 57 of 6576.(e) Ld. Addl. PP pointed out that mobile phone of victim Ribhu Chawla, used by kidnappers to make ransom calls, was recovered at the instance of accused Sukhvinder Singh (Ex. PW33/K) from his house on 30/07/2009. The recovery was genuine and was not subjected to much crossexamination by defence. The recovered mobile phone need not have been kept in sealed packet as it was identifiable through its IMEI number. All the accused persons got recovered wads of currency notes wrapped with white signed paper slip and numerical 100 written on them, from their respective houses. Accused Kunal Bhandari got recovered the wads of currency notes in similar condition from residence of his father as well as inlaws. The recoveries of wads of currency notes was creditworthy and the paper slips wrapped on them were found marked with signature of complainant Sanjay Chawla, which he did to ransom amount before its delivery to the kidnappers.
76.(f) Ld. defence counsels argued that IO wrongfully seized currency notes from family members of accused persons and complainant Sanjay Chawla colluded with IO by converting the seized money into wads wrapped with paper slips signed by him in office of Special Staff to show false recovery of ransom money. Per contra, ld. Addl. PP aptly argued that accused persons were not known to complainant Sanjay Chawla and he had no motive to falsely implicate them by affixing his signed slips to the cash seized from relatives of the accused persons.
77.(a) Ld. Addl. PP argued that complainant Sanjay Chawla last talked to his son Ribhu Chawla on his mobile phone at 12:35am (midnight) between 28- 29/07/2009. Soon thereafter, Ribhu Chawla was found lying murdered on 29/07/2009 at 08:15am, by PW6 Shashi Soni. PW6 Shashi Soni deposed that on 29/07/2009 at around 08:00am he went to Modern Primary Public School, Rangpuri Pahari, to deposit fees FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 58 of 65 of his son. When he came out of the school to go to his office and reached Peer Baba Wala Road, Rangpuri Pahari, Anarkali Khandar, he saw dead body of a boy whose neck was tied with a rope. He immediately called police at 100 number. PW6 identified photographs Mark A1 to A5 of dead body of victim Ribhu Chawla. PW24 Dr. Sunay Mahesh, who conducted postmortem examination of dead body of deceased Ribhu Chawla, deposed that deceased had multiple contusions and abrasions all over his body. He opined that cause of death of Ribhu Chawla was asphyxia due to combined effect of smothering and ligature strangulation. The pattern of ligature marks found on neck of the deceased corresponded with ligature material i.e. rope found around neck of the dead body. All the injuries mentioned in detailed postmortem report Ex. PW24/A were ante mortem in nature. PW24 started postmortem examination on 29/07/2009 at 01:30pm and concluded the same in 75 minutes, at 02:45pm. He stated that the time since death i.e. time lapsed from death of the deceased till postmortem examination, was about half a day.
77.(b) Ld. Addl. PP argued that on 28/07/2009 at around 03:00pm, the accused persons kidnapped Ribhu Chawla for ransom. They used mobile phone of victim Ribhu Chawla to make the ransom calls. In late evening of 28/07/2009, complainant Sanjay Chawla delivered ransom money of Rs.15 lakh to the kidnappers. Sanjay Chawla lasted talked to his son Ribhu Chawla on his mobile phone at around 12:35am, midnight of 2829/07/2009. Victim Ribhu Chawla was found dead by PW6 Shashi Soni on 29/07/2009 at 08:15am.
77.(c) Ld. Addl. PP submitted that accused Sukhvinder and Gaurav were apprehended by police raiding team on 29/07/2009 at around 08:30 - 08:45pm at Haridwar, whereas, remaining two accused Kunal Bhandari and Rishabh Chauhan were arrested in the morning and afternoon of 30/07/2009. The mobile phone of FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 59 of 65 Ribhu Chawla, used for making ransom calls; the wads of ransom amount, wrapped with white slips bearing identified signature of complainant Sanjay Chawla and WagonR Car used by offenders to kidnap victim Ribhu Chawla were recovered at the instance of respective accused. PW3 Shwetank specifically identified accused Gaurav and Kunal Bhandari as the persons who kidnapped victim Ribhu Chawla. In view of testimonies of prosecution witnesses and the recoveries effected from the accused persons, the chain of circumstances that connects the accused persons to the offence of kidnapping and murder of victim Ribhu Chawla is well established, beyond reasonable doubt.
78.(a) Accused Sukhvinder examined his father Jatinder Singh as DW2 in his defence. DW2 stated that on 30/07/2009 at about 08:30am, 56 police officials without uniform came to his residence and asked for whereabouts of his son Sukhvinder Singh. The police officials stated that Sukhvinder Singh had murdered someone. Thereafter, he alongwith his younger son Amandeep were taken to the office of Special Staff at Tagore Garden. He and his Amandeep were freed from the office of Special Staff on the same day at 08:00pm.
78.(b) In crossexamination, DW2 stated that on 29/07/2009 his son Sukhvinder went to his factory at Anand Parbat Industrial Area and stayed there for night. On 30/07/2009, police officials coerced DW2 and his family members to call Sukhvinder to office of Special Staff. Mr. Dharampal Singh, elder brother of DW2 personally went to the factory to call Sukhvinder. DW2 had no CCTV footage or any other documentary proof to show presence of accused Sukhvinder in the factory on 29/07/2009. DW2 did not lodge any complaint against the said police officials of Special Staff before senior police authorities or before the Court.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 60 of 6578.(c) DW2 does not come across as a credit worthy witness. Accused Sukhvinder did not cross examine the prosecution witnesses to the effect that he was in his factory on 29/07/2009. No credible proof was adduced, except interested testimony of DW2, to the effect that accused Sukhvinder was in his factory on 29/07/2009. The defence taken by accused Sukhvinder through examination of DW2 is clearly an afterthought, having no probative value.
79.(a) Though, there is independent and direct evidence of kidnapping of victim Ribhu, there is no eye witness to his murder. The case rests upon circumstantial evidence in this regard. PW2 Sanjay Chawla last talked to his son Ribhu on his mobile phone at 12:35am (midnight) between 2829/07/2009 when Ribhu was in captivity of his kidnappers. Soon thereafter, Ribhu Chawla was found lying murdered on 29/07/2009 at 08:15am, by PW6 Shashi Soni. The only and most natural inference in these circumstances is that Ribhu was murdered by the kidnappers and none else.
79.(b) Through a catena of judgments, Hon'ble Supreme Court has laid down the guiding principles to be followed in cases that rest upon circumstantial evidence.
In Sharad Birdhichand Sarda Vs. State of Maharashtra, AIR 1984 1622 following guidelines have been expounded:
a) The circumstances from which the conclusion of guilt is to be drawn should be fully established;
b) The fact so established should be consistent only with the hypothesis of the guilt of FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 61 of 65 the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty;
c) The circumstances should be of a conclusive nature and tendency;
d) There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion of consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused."
80. Further the Hon'ble Supreme Court in "Gagan Kanojia Vs. State of Punjab (2006) 13 SCC 516" held as below:
a) There must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.
b) Circumstantial evidence can be reasonably made the basis of an accused person's conviction if it is of such character that it is wholly inconsistent with the innocence of the accused and is consistent only with his guilt.
c) There should be no missing links but it is not that every one of the links must appear on the surface of the evidence, since some of these links may only be inferred from the proven facts.FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 62 of 65
d) On the availability of two inferences, the one in favour of the accused must be accepted.
e) It cannot be said that prosecution must meet any and every hypothesis put forward by the accused however farfetched and fanciful it might be. Nor does it mean that prosecution evidence must be rejected on the slightest doubt because the law permits rejection if the doubt is reasonable and not otherwise."
81.(a) PW3 Shwetank, an independent eye witness, specifically indentified accused Gaurav and Kunal as the offenders who kidnapped victim Riibhu in the afternoon of 28/07/2009 at around 02:45pm. PW2 Sanjay Chawla received ransom call from the kidnappers from mobile phone of Ribhu at 04:15pm. He arranged the ransom amount and delivered Rs.15 lakh to the kidnappers as currency wads wrapped with his signed slips. In the meantime, Sanjay Chawla was in continuous contact with kidnappers through mobile phone of Ribhu. Sanjay Chawla last talked to his son Ribhu on his mobile phone at 12:35am, the intervening night of 2829/07/2009. Soon thereafter, Ribhu Chawla was found murdered on 29/07/2009 at 08:00am.
81.(b) On the basis of secret information, accused Sukhvinder and Gaurav were apprehended by police raiding team on 29/07/2009 at around 08:30 - 08:45pm at Haridwar, whereas, remaining two accused Kunal Bhandari and Rishabh Chauhan were arrested in the morning and afternoon of 30/07/2009. The mobile phone of Ribhu Chawla, used for making ransom calls and the wads of ransom amount, wrapped with white slips bearing identified signature of complainant Sanjay Chawla were recovered at the instance of respective accused.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 63 of 6581.(c) Indeed, in view of testimonies of prosecution witnesses and the recoveries effected from the accused persons, there is direct evidence of kidnapping against Gaurav and Kunal Bhandari, whereas, the chain of circumstances that connects accused Gaurav and Kunal Bhandari to the offence of murder of victim Ribhu Chawla is conclusive and well established, beyond reasonable doubt. The chain of evidence does not leave any reasonable ground for a conclusion consistent with the innocence of accused Gaurav and Kunal Bhandari and in all human probability murder of victim Ribhu must have been committed by them alone.
82.(a) There is no direct evidence against accused Sukhvinder and Rishabh Chauhan in kidnapping and murder of victim Ribhu. There is also no evidence of their presence at the spot at the time of kidnapping of victim Ribhu. However, mobile phone of victim Ribhu Chawla, used by kidnappers to make ransom calls, was recovered at the instance of accused Sukhvinder from his house on 30/07/2009. In addition, the accused persons, including accused Sukhvinder and Rishabh Chauhan got recovered wads of currency notes wrapped with white signed paper slip and numerical 100 written on them, from their respective houses. The recoveries of wads of currency notes was credit worthy and the paper slips wrapped on them were found marked with signature of complainant Sanjay Chawla, which he did to ransom amount before its delivery to the kidnappers.
82.(b) There is circumstantial evidence, though inconclusive, of involvement of accused Sukhvinder and Rishabh Chauhan in kidnapping and murder of victim Ribhu. The circumstantial evidence received against accused Sukhvinder and Rishabh is not sufficient to bring home the offence of kidnapping and murder of victim Ribhu against them, though, it is sufficient to prove the offence of receiving the property obtained by ransom.
FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 64 of 6583. In conclusion, accused Gaurav and Kunal Bhandari are held guilty of offence under Section 364A/302/201/34 IPC for kidnapping victim Ribhu for ransom, committing his murder in furtherance of their common intention and causing disappearance of evidence of murder by dumping dead body of victim Ribhu at a secluded place with intention to screen themselves from legal punishment. On the other hand, accused Sukhvinder and Rishabh Chauhan are acquitted of the offence charged under Section 364A/302/201/34 IPC. Accused Sukhvinder is held guilty of the offence under Section 411 IPC for receiving stolen mobile phone of deceased Ribhu and receiving the property obtained by ransom, whereas, Rishabh Chauhan is held guilty of offence under Section 411 IPC for receiving the property obtained by ransom. The order on sentence shall be passed after hearing the parties.
84. File be consigned to record room after completion of all necessary formalities.
Announced in the open court dated 08.05.2020 (VISHAL SINGH) ASJ-03, WEST/DELHI FIR no.217/2009 PS Vikas Puri State vs. Sukhvinder Singh @ Manni & Ors Page 65 of 65