Delhi District Court
State vs . Sunil Rathi & Ors. on 15 April, 2023
1
IN THE COURT OF SH. BABRU BHAN,ADDITIONAL
SESIONS JUDGE-03, NORTH WEST DISTRICT, ROHINI
COURTS, DELHI
State Vs. Sunil Rathi & Ors.
FIR no. 595/2013
PS Shalimar Bagh
(a) Session Case No. 52479/2016
(b) Date of offence 22.12.2013
(c) Accused 1. Sunil Rathi
2. Sandeep Sharma
3. Krishan Kumar
4. Ravi Hooda
5. Arun Vohra
6. Raj Kumar
7. Amit Rana
8. Shivika Chauhan
9. Munesh Kumar
(d) Offence U/s 120B IPC, 365 /120B,
364A/120B, 323/120B IPC
(e) Plea of accused Not guilty
(f) Final Order Acquittal
(g) Date of institution 02.05.2014
(h) Date when judgment 12.12.2022
was reserved
(I) Date of judgment 15.04.2023
JUDGMENT
1. On 27.12.2013, SI Madan Mohan/PW13 and Ct. Anil Kumar were present at PS Shalimar Bagh. At about 10.45 BABRU Digitally signed by BABRU BHAN BHAN Date: 2023.04.28 13:30:41 +0530 State Vs. Sunil Rathi & Ors. Page no. 1 of 48 2 a.m., complainant Saurabh Ahuja/PW9 and Hitesh/PW14 visited the police station. Saurabh Ahuja gave his complaint Ex.PW9/A wherein he alleged that on 22.12.2013, he along-with his employee / accused Manish Kumar @ Sunny, Shivika Chauhan were present at their guest house at flat bearing no. 32C, CA block, Shalimar Bagh, Delhi. When they were about to start their dinner, someone rang the door bell. Accused Manish Kumar went to respond to the door bell. Manish suddenly raised an alarm and within no time, 4-5 boys entered their guest house. The tress-passers introduced themselves as members of Special Cell, Delhi Police. After about 30-45 minutes, the assailants forcibly administered some liquid to the complainant on which he fell unconscious. When he regained his consciousness , he found himself in a small room. The assailants gave beatings to the complainant and his employees and asked them to pay Rs. 2 crores. On instruction of kidnappers, complainant made some telephonic calls to his family members and friends and requested them to arrange money. An amount of RS. 10 lacs was collected by accused Raj Kumar Walia and other kidnappers from the house of the complainant. On 24.12.2013, the kidnappers dropped Shivika Chauhan, Rajkumar Walia and complainant near Peera Garhi flyover.
2. On the aforesaid statements of the complainant, SI Madan Mohan/PW30 prepared a tehrir Ex.PW30/A on basis of which HC Pawan Kumar/ PW1 registered the FIR Ex.PW1/A and made endorsement Ex.PW1/B. BABRU Digitally signed by BABRU BHAN BHAN Date: 2023.04.28 13:30:53 +0530 State Vs. Sunil Rathi & Ors. Page no. 2 of 48 3
3. Further investigation of the case was handed over to Inspector Hansraj Thakran/PW33. On 11.01.2014, duty officer handed over DD no. 27B to the IO thereby informing him that accused persons had been arrested by Anti Snatching Cell and they had confessed about their involvement in the present case. On receiving the information, Inspector Hansraj along-with HC Sunil/PW26 and other staff reached office of ASC, Crime Branch, Prashant Vihar, Delhi. SI Ramesh Sharma/PW43 handed over copy of arrest documents prepared U/s 41.1 Cr.P.C. to the IO vide DD no.25. SI Ramesh Sharma produced all the accused persons namely Sunil Rathi, Krishan Kumar, Ravi Hooda and Sandeep Sharma before the Court. IO interrogated all the accused persons and arrested them vide arrest memo Ex.PW26/A to Ex.PW26/D. During investigation,IO prepared pointing out memo of the place where complainant was detained. IO also recorded their disclosure statements.
4. On 18.01.2014, the information was received vide DD no.12 A regarding arrest of Shivika Chauhan and Arun Vohra. After receiving this information, IO alongwith Ct.Dinesh/PW23 and woman Ct. Usha/PW20 and Woman Ct. Kalpana/PW22 reached the Court where the accused persons had been produced. IO arrested the aforesaid persons vide memo Ex.PW33/D and Ex.PW22/A.
5. During investigation, accused Raj Kumar Walia was also arrested vide memo Ex.PW31/B and his disclosure statement was recorded vide memo Ex.PW31/C. BABRU Digitally signed by BABRU BHAN BHAN Date: 2023.04.28 13:31:12 +0530 State Vs. Sunil Rathi & Ors. Page no. 3 of 48 4
6. On 20.02.2014, accused Amit Rana was arrested from a place near Ghevra vide memo Ex.PW31/F. His disclosure statement Ex.PW31/G was recorded.
7. On 07.07.2014, accused Manish surrendered before the Court. IO Inspector Praveen interrogated him vide statement Ex.PW38/A. Thereafter, arrested him vide memo Ex.PW38/B and personally searched him vide memo Ex.PW38/C.
8. After collecting all the requisite and relevant material, police filed the charge sheet before the Court accusing the accused persons for the offence U/s 364 A/323/328/365/120B IPC.
9. Formal charges for the offences U/s 120B IPC, 365 / 120B, 364A/120B, 323/120B were framed against all the accused persons on 24.03.2015. Accused persons pleaded not guilty and claimed to be tried.
10. To prove its case, prosecution has examined 45 witnesses. The testimonies of formal witnesses whose roles have already been discussed in the forgoing part of the judgment shall not be reproduced again for sake of brevity.
11. Kamal Kalra/PW2 has deposed in his court statement that he was working as a Senior Manager in Netaji Subhash Palace, Pitampura, Branch of HDFC Delhi. Further that Saurabh BABRU Digitally signed by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN 13:31:31 +0530 Date: 2023.04.28 Page no. 4 of 48 5 was having his account as well as accounts of his family members and his company in the said branch of his bank. On 23.12.2013, he had a telephonic conversation with Saurabh Ahuja. On 24.12.2013, he (Sauabh Ahuja) telephonically called him number of times in the afternoon on his official mobile number. Saurabh Ahuja told him that he was in need of money and requested him to leave any amount between Rs.10 lacs to 20 lacs at his office and he further assured him that he would return the same next day. On being asked by him regarding the urgency of money, he (Sauabh Ahuja) told him that he was in need and rest of the things he would tell him next day.
12. Narender Kumar/PW3 deposed in his court statement on 05.08.2015 that he used to run a photo studio. On 29.12.2023, on call of IO, he reached at H.No.32C, CA Block, Shalimar Bagh, Delhi. As per instructions of the IO, he took the photographs of inside of said house and after developing the same, he handed over the same to IO. He proved 5 photographs Ex.PW 3/A 1 to Ex.PW3/A5.
13. Vikrant/PW4 deposed in his court statement on 20.08.2015 that he was working as a manager at a mobile shop in the name of Anmole Communication situated at Shop no.2, Ashoka Plaza, Near ICICI bank, Rohtak. Accused Sandeep had purchased one mobile phone on 28.12.2013 make SAMSUNG. He proved the bill Ex.PW4/A and the seizure memo of bill of mobile as Ex.PW4/B. BABRU Digitally signed by BABRU BHAN BHAN Date: 2023.04.28 13:31:39 +0530 State Vs. Sunil Rathi & Ors. Page no. 5 of 48 6
14. Rajiv Ranjan/PW5 is Nodal Officer, TATA Tele Services. He proved the certified copy of the documents relating to mobile no. 8237268926 registered in the name of one Waseem Ahmad for the period from 20.12.2013 to 25.12.2013 as Ex.PW5/A, Certificate U/s 65 B of Indian Evidence as Ex.PW5/B. He proved CAF and copy of ID of accused Waseem Ahmed Ex.PW5/C.
15. Hayad Singh/PW6 is Nodal Officer from Tele Wings Communication Services Pvt. He proved certified copy of the CDR of mobile no.8180855031 which was in the name of Saifik Alam for the period from 20.12.2013 to 25.12.2013 as Ex.PW6/A. Letter dt.01.04.2014 as Ex.PW6/B, CAF along-with Id proof as Ex.PW6/C.
16. Vishal Gaurav/PW7 is Nodal Officer from Bharti Airtel Ltd. He proved certified copy of the CDR of mobile no. 8295009212 which was in the name of Naveen for the period from 12.12.2013 to 31.12.2013 as Ex.PW7/A. Certificate U/s 65 B of Indian Evidence regarding computerized CDR dt.13.02.2014 as Ex.PW7/B, CAF along-with Id proof as Ex.PW7/C. He also proved certified copy of the CDR of mobile no.9650354602 which was in the name of Manoj for the period from 01.12.2013 to 31.12.2013 as Ex.PW7/D. Certificate U/s 65 B of Indian Evidence regarding computerized CDR dt.24.07.2014 as Ex.PW7/E, CAF along-with Id proof as Ex.PW7/F. BABRU Digitally signed by BABRU BHAN BHAN Date: 2023.04.28 13:31:45 +0530 State Vs. Sunil Rathi & Ors. Page no. 6 of 48 7
17. Pawan Singh/PW8 proved certified copy of the CDRS of mobile no. 9718888484, 9812332060, 8750607098 & two more mobile numbers i.e. 9990205007 and 9718291076. Out of the said mobile numbers the CDRs of mobile number 9718888484 from 12.12.2013 to 29.12.2013, mobile number 9812332060 from 12.12.2013 to 30.12.2013 running into ten pages and of mobile number 9718291076 from 01.12.2013 to 23.12.2013 as Ex. PW 8/A, PW 8/B & PW 8/C. He also proved the certificate under Section 65 B of The Indian Evidence Act regarding computerized CDRs of Mobile numbers 9718888484 & 9812332060 dated 30.01.2014 is Ex. PW 8/D. He also proved the certificate under Section 65 B of The Indian Evidence Act regarding the CDRs of Mobile number 9718291076 dated 27.02.2014 as Ex. PW 8/E. He brought the CAF and copy of the Id proof of mobile numbers 9718888484, 9812332060 & 9718291076, the said mobile numbers were in the names of Tanya Ahuja, Harpal & Baljeet Singh respectively. He also proved the certified copies of CAFs along with copy of ID proofs of above mentioned three mobile numbers as now Ex. PW 8/F, PW 8/G & PW8/H.
18. Saurabh/ PW9, deposed in his court statement dt.20.08.2015 that he resided at the house no. 265 Indra Vihar, Dr. Mukherjee Nagar, Delhi along with his mother Smt. Neena Ahuja and was having a telecom business in the name and style of Global Audio Text Solution Pvt. Ltd. At the relevant time, his Digitally signed BABRU by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN 2023.04.28 Date:
Page no. 7 of 48 13:33:03 +0530 8 office was situated at 301, 3 Floor, Gopal Heights, Netaji Subhash Place, Delhi. At that time, he was having a flat bearing no. 32C, situated at CA Block, Shalimar Bagh on rent which was a guest house of his company.
On 22.12.2013, he along with his employees Munish Kumar @ Sunny and Shivika Chauhan was present at his said guest house. Sunny had ordered dinner from Chawla Chicken and the said order was delivered at the guest house and when they were about to start their dinner, someone rang the door bell and Sunny went to open the main door. Suddenly, Sunny raised an alarm, "kaun ho" and thereafter 4-5 boys entered the guest house/said flat forcibly having arms in their hands and they all told them to sit silently as they were from Special Cell of Delhi Police. Thereafter, one out of said boys had taken Sunny and Shivika Chauhan in other room and rest of the boys remained standing near him.
After about 30-45 minutes, they had forcibly made him to drink some white liquid in a glass of stainless steel and after about 30 minutes of consuming the said liquid. He became unconscious and when he gained consciousness he found himself detained in a room alone. He was lying on a bed-sheet which was there on the floor. After sometime one man entered the room and he started beating him with the leg of cot (charpai ka paya) and he told him that if he want himself to be released from there then he would have to pay Rs. 2 crores. After about 10-15 minutes, accused Sunny and Shivika were also brought in the said room.Digitally signed
State Vs. Sunil Rathi & Ors. BABRU by BABRU BHAN Page no. 8 of 48 BHAN 13:33:13 Date: 2023.04.28 +0530 9 At about 11:00 am or 12 noon (next day) the said boy made a telephonic call at the land line number of his residence and on being pressurized by him, he had to tell his mother that, "I am going to Dehradun for some urgent work and I will return Delhi tomorrow evening". Thereafter the said boy asked him to call one Kamal Kalra employee of HDFC Bank, Vicky whose office was in Karol Bagh, Wasim Ahmad and Rehman, number of times on their cell phones. He also made him to call at the land line number of his office i.e. 27354905 and he had talked with his employee Manish Sasmal and on his asking, Manish Sasmal had withdrawn Rs. 8,00,000/- from the account of his company maintained at HDFC Bank. The said boys had sent some of their associates along with Sunny to collect the said amount and after about one or quarter and one hour on their asking he again instructed Manish Sasmal on telephone to deliver the said amount to Sunny on the ground floor near his office. After about 6-7 hours they made him to call at two mobile numbers of accused Raj Kumar Walia. On their asking under pressure, he had to tell Raj Kumar Walia that on the ground floor near his office, one white Scorpio Car was parked and he further asked Raj Kumar Walia to collect some money from the person sitting in said Scorpio. After some time the said kidnappers brought Raj Kumar Wala also in the said room in which he was detained. Raj Kumar Walia informed him that he had also been taken by the said kidnappers after making him to drink some liquid forcibly. Thereafter the said kidnappers Digitally signed BABRU by BABRU BHAN BHAN Date:
2023.04.28 13:33:20 +0530 State Vs. Sunil Rathi & Ors. Page no. 9 of 48 10 again gave beatings to him and made a his video after removing his cloths and he was forced to take bath with cold water. Thereafter he, Raj Kumar Walia, Sunny and Shivika were provided food and after eating food we all the four were kept separately.
24.12.2013, on the asking of kidnappers, Raj Kumar Walia made a call to one Chinu Bhaiya, resident of Pitampura and Deepak resident of Noida UP to arrange Rs. 30 lacs and Rs. 50 lacs respectively. He was again compelled by the said kidnappers to make a telephonic call at his residence and under pressure he informed his mother on telephone that he was unable to reach home on 24.12.2013. Thereafter, the said kidnappers again pressurized him and under their pressure, he made a phone call at his residence which was attended by his brother Rajat Ahuja and he instructed him to deliver Rs. 10 lacs to Raj Kumar Walia. The said amount of Rs. 10 lacs was collected by the kidnappers alongwith Raj Kumar Walia. They also forcibly obtained his signatures on five or six cheques of his account maintained by him at Bank of Baroda, GT Karnal Road, Jalandhar, Punjab. They also obtained his signatures at 2-3 blank papers. Besides this they also kept his black leather bag in which his two laptops make Acer, two banking kits of HSBC Bank, his two wallets containing his Driving License and Debit Card of HDFC Bank, his mobile phone make Samsung Galaxy S4 having mobile no. 9953603779, two registration certificate of his car bearing registration no. HR 26BU 3300 and DL 8CX 0980, one PAN Card, one voter id-card of mine, one gold ring, one wrist watch and cash Rs. 23,000/- etc. were there. The said room in Digitally signed State Vs. Sunil Rathi & Ors. Page no. 10 of 48 BABRU by BABRU BHAN BHAN Date:
2023.04.28 13:33:29 +0530 11 which he was kept was about 10' x 12' having cemented floor and the walls were of yellow colour. Thereafter, the said kidnappers left him, Sunny and Shivika in his Fiat Punto Car bearing registration no. DL 8CX 0980 beneath the Piragadhi over bridge after a drive of about 30 minutes at about 1:00 am (night). His face was covered with monkey cap and the faces of Sunny and Shivika were covered with bed sheet. Two out of said kidnappers who left them there their car and threatened them to arrange Rs. 1 crore very soon.
Due to fear and shock, initially he did not make any complaint. As the persons who were also kidnapped with him and his other employees, who did not support him even after knowing or coming to know about the entire incident and whatever he had observed during the period of two days in which he followed them, he became suspicious about their behaviour and as such named them i.e Sunny @ Munish Kumar, Shivika, Raj Kumar Walia, Arun Vohra and Ashwani Bhola but later on he realized that they might not have been supporting him at that time due to the fear which might have been there in their minds. He made his complaint to the police on 27.12.2013, same is Ex.PW9/A, signed by him on all the four pages at point A.
19. Rajat Ahuja/PW10 has deposed that on 22.12.2013, it was Sunday and he came to his residence after taking tuitions at 9.00pm and he did not find his brother at home. He asked his mother about his brother and she told her that Saurabh had gone to temple and did not come home and his cell phone was responding as Switched off. After waiting for some time, they Digitally signed BABRU by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN 2023.04.28 Date: Page no. 11 of 48 13:33:39 +0530 12 went to sleep.
On 23.12.2013, he sent one SMS on the mobile 9953603779 from the mobile of his mother to know as to where was, to which he replied, "Sorry I am busy, call you later. On 24.12.2013, at about 10.00/10.30pm, Saurabh made a call at the landline phone of the residence which was attended by him and Saurabh told him, "Raj Kumar Walia ghar ke neechey aa raha hai, aap usey 10 lakh rupaye de dena." Raj Kumar Walia was known to him. After 15/20 minutes, Raj Kumar Walia came in a Hyundai Verna Car. Perhaps he was driving the said car and the front left seat was not occupied by anyone. 2-3 persons were sitting on the back seat of the said car. He put the bag containing Rs.10 lakh on the front left seat and thereafter, they all left from there in the said car. On 25.12.2013, when he came back to his residence after taking tuitions, his brother Saurabh was already present at our residence.
20. Manish Sahni/PW11 deposed that he was running a shop in the name of Mobile Cafe at G-4, Bhannot Trade Center, Paschim Vihar, Opposite Jwala Hon Market, New Delhi.
On 20.02.2014, Inspector Satpal Singh, IO of this case had come at his said shop along with one boy and the said boy told that he had purchased two mobile phone set make Samsung N 9000 along with his one associate on 26.12.2013 from his said shop against a cash payment of Rs. 86,000/-.
He had handed over the photocopy of the bills of said mobile phone bearing No. 5009 in the name of Amit and bill BABRU Digitally signed by BABRU BHAN BHAN Date: 2023.04.28 13:33:49 +0530 State Vs. Sunil Rathi & Ors. Page no. 12 of 48 13 no. 5010 in the name of Sunil, both dated 26.12.2013, same were seized by the IO vide seizure memo Ex.PW11/A, photocopy of bill no. 5009 and 5010 as Ex.PW11/B and Ex.PW11/C , original bill no.5009 as now Ex.PW11/0. He could not identify said two persons namely Amit Rana and Sunil who had come at his said shop for purchasing the mobile phones as he used to attend number of customers daily.
21. Neena Ahuja/PW12, has deposed that on 22.12.2013, at about 6.00 pm, his elder son Saurabh had left their house informing them that he was going to Sai Mandir, Lodhi Road as well as to meet a friend at Dhaula Kuan but he did not come back home in the night. She made efforts to contact him on his cell phone but his cell phone was responding switched off.
Next day morning at about 10.00 am, she telephonically contacted one friend of her son Saurabh namely Raj, who used to work with her son Saurabh and she asked him about Saurabh. Raj told her that he would just tell her about Saurabh after verifying the facts but Raj did not return the call. She again telephonically contacted Raj to know about Saurabh then Raj told her that he was going to office and he would tell her after reaching the office.
On the same day, i.e on 23.12.2013, at about 11.30 am, she received a phone call of Saurabh and he informed her that he was going to Dehradun for two days and thereafter, he disconnected the phone. On 24.12.2013, she again tried to contact Saurabh on his cell phone but the same was found to be switched off. In the night hours, she was able to talk with State Vs. Sunil Rathi & Ors.
BABRU Digitally signed by BABRU BHAN Page no. 13 of 48 BHAN Date: 2023.04.28 13:33:57 +0530 14 Saurabh and then he told her that he would return on 25.12.2013. She could have judged that Saurabh was in some problem but he was not disclosing his problem with her. On 25.12.2013, at about 12.00 noon, Saurabh came at their residence and then he narrated the entire incident to her.
22. Manish Sasmal/PW13 deposed that Saurabh Ahuja was his employer. On 23.12.2013, Saurabh Ahuja told him to withdraw some money from the bank and pursuant to his direction, he had withdrawn Rs.8 lacs from HDFC bank at about 4.30 p.m. and thereafter, he came back to his office and handed over RS.8 lacs to Manoj.
23. Hitesh Kumar Anand/PW14 has deposed in his court statement dt.12.10.2015 that in the intervening night of 25/26.12.2013, at about 3.28 a.m. his sister Neena Ahuja made a call on his mobile phone which he could not attend. On the same night , at about 3.30 a.m., he called her back and during his telephonic conversation, his sister Neena Ahuja told him that her son Saurabh Ahuja had been kidnapped and he had come back.
He further deposed that on 26.12.2013 at about 9.30 a.m., his sister Neena again made a telephonic call to him and asked him to reach her home to decide as to what should be done. At about 2 p.m., he reached at the residence of his sister, Saurabh had gone out of the house at that time. At about 4 /4.30 p.m., he reached home and thereafter, they drafted a complaint and he alongwith Saurabh, Neena and some other persons reached at PS Shalimar Bagh. BABRU Digitally signed by BABRU BHAN BHAN Date: 2023.04.28 13:34:08 +0530 State Vs. Sunil Rathi & Ors. Page no. 14 of 48 15
24. Tarun Patil/PW15 has deposed that accused Raj Kumar Walia @ Raj was known to him as they had studied together in J.D. Tytler School, New Rajinder Nagar, New Delhi. After schooling, he had met with Raj Kumar Walia on few occasions and marriage functions etc. and they also used to talk on telephone. He never had any money transaction with accused Raj Kumar Walia.
Further stated that on 20.12.2013, he along with his wife had gone to Rishikesh and Mussorie. On 20.12.2013, when he was at Rishikesh, he received a phone call from accused Raj Kumar Walia wherein they had normal conversation. Again on 22.12.2013, in noon hours, he received a phone call from Raj Kumar Walia and again they had routine conversation.
25. Wasim Ahmed/PW16 has deposed that he used to work as a Director in Global Audio Text Solution Pvt. Ltd. On 13.12.2013, he was coming to Delhi from Mumbai and on that day at about 7:00 pm, he received a call from Saurabh Ahuja (complainant of the present case) and he asked him to arrange some money. He told him that he was not having money and asked him to have a talk with Rehman Bhai. When Saurabh was talking with him on telephone, he used to hear his voice after a gap of 5-7 seconds. On 25.12.2013, he reached at the office of Saurabh situated at Netaji Subhash Palace.
In the intervening night of 25/26.12.2013, he had stayed at the guest house of Saurabh which was situated at Shalimar Bagh along with accused Munesh Kumar @ Sunny.
BABRU Digitally signed by BABRU BHAN Page no. 15 of 48 BHAN Date: 2023.04.28 13:34:17 +0530 16
26. Santram /PW17 has deposed that he was acquainted with Saurabh Ahuja. On 23.12.2013, in the afternoon, he received a phone call of Saurabh Ahuja who told him that he was in need of Rs.2 lacs as he had suffered a loss in business. Witness told him that he could take Rs.2 las from him at any time.
27. Neeraj Dahiya/PW18, hostile he took house no. RZ-179, Gali no.3, Gopal Nagar-II, Surakhpur Road, Najafgarh, Delhi on rent. This witness denied that he had provided the keys of his house to accused Amit.
28. Deepak Rai Kumar/PW19 has deposed that he knew accused Raj Kumar Walia who is husband of his cousin sister. He deposed that as per his knowledge, accused Raj Kumar Walia used to work with his father in his business of Sticker Printing.
Further deposed that on 24.12.2023, he had gone to Le Maridian hotel where he received two phone calls of RajKumar Walia who asked him about his well being but due to weak singlas, the voice was not clear as such, he told him that he would call him later.
29. HC Surender Singh/PW21 deposed that on 30.01.2014 , he was posted at AATS, NW District, Delhi. On that day, on the instructions of IO, he took a sealed pullanda sealed with the seal of HR from MHC(M) along-with FSL form and BABRU Digitally signed by BABRU BHAN State Vs. Sunil Rathi & Ors. Page no. 16 of 48 Date: 2023.04.28 BHAN 13:34:25 +0530 17 deposited the same at FSL, Rohini vide RC no.18/21/14. After depositing the same, he had handed over the acknowledgement of receipt to MHC(M).
30. HC Dinesh Kumar/PW23 deposed that on 17.01.2014, he was posted at Anti Robbery Cell, Malviya Nagar, Delhi as HC. On that day, he and HC Bijender received secret information that accused Arun Vohra and Shivika, who were wanted in the present case had been seen at AB-Block Shalimar Bagh. They passed this information to SI Sanjeev Kumar and as per the instructions of senior police officials, a raiding party consisting of L/Ct. Kalpana, HC Bijender and SI Sanjeev Kumar was constituted and they all departed from the office in the private vehicle of SI Sanjeev Kumar and reached AB Block, Shalimar Bagh at about 4.00pm. There, secret informer told them that Shivika and Arun Vohra visit the place near 24X7 daily in the evening. As per the instructions of SI Sanjeev Kumar, he went to PS Shalimar Bagh and collected copy of FIR and disclosure statements of other accused from Inspector Hansraj and came back at AB Block Shalimar Bagh. After verification of documents and identification of Arun Vohra and Shivika, they both were arrested u/s. 41.1(a) CrPC. He has proved arrest memo of accused Shivika Chauhan as Ex.PW22/A and arrest memo of accused Arun Vohra as Ex.PW23/A. He also proved personal search of accused Shivika was conducted by L/Ct. Kalpana vide memo as Ex.PW22/B and accused Arun Vohra as Ex.PW23/B. Information regarding their arrest was given to their family members and search was made for the arrest of other absconding Digitally signed State Vs. Sunil Rathi & Ors. BABRU by BABRU BHAN Page no. 17 of 48 BHAN Date: 2023.04.28 13:34:40 +0530 18 accused but in vain.
31. Tarun Batra/PW24 deposed that he is the owner of flat no. 32C, CA Block, Shalimar Bagh, Delhi. He had rented out the said flat on 11.09.2013 to Saurabh Ahuja, owner of Global Audio Text Solutions Pvt. Ltd. who used to use the said flat as a guest house of the company. He executed the registered rent agreement for 36 months with Saurabh Ahuja. He proved copy of said agreement of lease as Ex.PW23/A.
32. HC Dharamvir/PW25 deposed that on 15.02.2014, he was posted at AATS NW, Delhi as HC. On that day, he had joined the investigation of this case along-with ASI Ved Prakash and they both went to Rohtak Haryana where they contacted the Kunal Oberoi/ manager of Aero Club Woodland Store, shop no.1, GF, Balmev Plaza, F-236, opposite University Market, Power House, Rohtak, Harayana who produced one bill no.4502 dt.25.12.2013 of two woodland jackets for an amount of Rs.10,990/- which were seized by ASI Ved Prakash vide seizure memo Ex.PW25/A. He proved the bill as Ex.PW25/B.
33. HC Sunil Kumar/PW26 deposed that on 29.12.2013, he was posted as HC at PS Shalimar Bagh, Delhi. On that day, he joined the investigation of this case along with IO Inspector Hans Raj Thakran. He along with IO and complainant Saurabh Ahuja reached at flat No.32C, CA Block, Shalimar Bagh, Delhi. Complainant opened the said flat and thereafter, IO inspected the said flat and prepared the site plan at the instance of complainant.
BABRU Digitally signed by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN 13:34:52 +0530 Page no. 18 of 48 Date: 2023.04.28 19 Complainant pointed out towards one tumbler and spoon which was kept there near the kitchen and told the IO that it was the same glass with which he was forced to drink the white liquid. The said tumbler and spoon were seized by IO, after preparing a pulanda with white cloth and sealing the same with the seal of HR, and a seizure memo was prepared in this regard. On the instructions of IO, he called photographer and the spot was photographed.
Further deposed that on 11.01.2014, he again joined the investigation of the present case and he along with IO Inspector Hans Raj Thakran left the PS and reached office of the crime branch, Prashant Vihar and from there, IO obtained the photocopy of a kalandra and thereafter, they reached Rohini Courts and there, crime branch staff had produced accused Sunil Rathi, Krishan Kumar, Ravi Hooda and Sandeep Sharma in muffled face before the concerned court. IO moved an application for interrogation and arrest of said four accused and thereafter, with the permission of the court, all the above said four accused were interrogated and were formally arrested vide arrest memos Ex.PW26/A (qua Sunil Rathi), Ex.PW26/B (qua Sandeep Sharma), Ex.PW26/C (qua Krishan Kumar) and Ex.PW26/D (qua Ravi Hooda). Thereafter, the said four accused were produced before the court and IO moved an application for their judicial TIP and they refused for the same. IO obtained the copy of said order of refusal to participate in TIP proceedings. Thereafter, IO obtained three days PC remand of said four accused.
Further deposed that on 12.01.2014, he again joined Digitally signed BABRU by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN Date: 2023.04.28 Page no. 19 of 48 13:35:01 +0530 20 the investigation of the present case along with IO Inspector Hans Raj Thakran, Ct. Ajay, Ct. Sachin and Ct. Navneet. On that day, all the said four accused were taken out from the lockup and they all led the police party in a private vehicle to CA Block Shalimar Bagh and they all pointed out the spot i.e Flat No.32C, 2nd Floor, one by one. IO prepared the pointing out memos Ex.PW26/E, Ex.PW26/E1, Ex.PW26/E2 and Ex.PW26/E3 of accused Sunil Rathi, Sandeep Sharma, Krishan Kumar and Ravi Hooda respectively. Thereafter, all the accused led the police party to Najafgarh and their all the above mentioned four accused pointed out a double storey house which was situated in Gali No.3, Gopal Nagar, Najafgarh, one by one, where the complainant was kept after abduction. The said house was found closed. Pointing out memos regarding the said house are Ex.PW26/F, Ex.PW26/F1, Ex.PW26/F2 and Ex.PW26/F3, all signed by me at point A, qua accused Sunil Rathi, Sandeep Sharma, Krishan Kumar and Ravi Hooda. Thereafter, the hide out of accused Amit was raided but he did not meet.
Further deposed that on 14.01.2014, he again joined the investigation of this case and on that day, IO again interrogated all the above said four accused in detail and recorded their disclosure statements Ex.PW26/G, Ex.PW26/G1, Ex.PW26/G2 and Ex.PW26/G3, qua accused Sunil Rathi, Krishan Kumar, Ravi Hooda and Sandeep Sharma respectively.
Thereafter, accused Sandeep Sharma led the police party to Delhi Road near ICICI bank and pointed out a mobile shop of Nokia Samsung, from where he had purchased a phone make Samsung on 28.12.2013 and he was identified by the shop BABRU Digitally signed by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN 13:35:08 +0530 Page no. 20 of 48 Date: 2023.04.28 21 Manager and the said Manager namely Vikrant produced photocopy of the bill and same was seized by the IO vide seizure memo already Ex.PW4/A. IO recorded the statement of Vikrant. Thereafter, accused Sandeep Sharma led the police party to his residential house situated at Village Baliyana, PS Sadar, Rohtak and from a room inside his house, he produced two jackets, one out of which was of Maroon color having logo of woodland and the other jacket was of black color and a logo of woodland Xplore Proplanet was there on the left arm of said jacket. Both the said jackets were seized vide seizure memo Ex.PW26/J. On 18.01.2014, as per the instructions of IO, he went to malkhana of PS Crime Branch and from there, he collected the case property of this case vide RC No. 18/21/14 and thereafter came back to PS Shalimar Bagh and produced the same before IO. Same was seized by the IO vide seizure memo Ex.PW26/K The witness identified the tumbler is already Ex.P-2 and spoon is already Ex.P-3 and the jackets are Ex.PX-26 (colly).
34. Ct. Satish Kumar/PW27 was the MHC(M) at PS Shalimar Bagh at relevant point of time. He has deposed about deposition of various properties with him by the IO during investigation.
35. ASI Birender Singh/PW28 deposed that on 10.01.2014, he was posted at Special Team Crime Branch, Prashant Vihar, as HC. On that day, SI Ramesh Sharma received a secret information on telephone that kidnappers of the present BABRU Digitally signed by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN 13:35:29 +0530 Date: 2023.04.28 Page no. 21 of 48 22 case will come in the evening hours at Rohtak Bypass. SI Ramesh Sharma pass this information to senior officers and as per their instruction, a raiding party consisting of SI Ramesh Sharma, HC Suresh, HC Naresh, HC Surender and Ct. Ashok was constituted under the supervision of Inspector Dinesh Sharma. They all left the office of Crime Branch in two private cars and reached at Rohtak Bypass and there at about 4:00 pm. There, secret informer informed IO SI Ramesh Sharma that said four kidnappers had gone to Village Ghewra, Delhi. They all reached near FCI Godown and there secret informer again informed the IO that the said kidnappers were standing on Savda Nizampur Road, behind village Ghewra and were waiting for their other associate namely Amit. IO asked 3-4 passersby to join the raiding party but all of them refused and left the place without telling their names and addresses, with reasonable excuses. Thereafter, they all proceeded towards the Savda Nizampur Road and from there at about 5:30 pm, four persons were apprehended. Their names on interrogation were revealed to be Sunil Rathi, Krishan Kumar, Ravi Hooda and Sandeep Sharma (all the four accused persons present in the court today correctly identified by the witness). On interrogation, they confessed their guilt regarding their involvement in the present case. Thereafter, all the said four accused were arrested U/s 41.1 Cr. PC and their personal searches were conducted. He proved arrest memos of accused Sunil Rathi, Sandeep Sharma, Krishan Kumar and Ravi Hooda as Ex.PW28/A, Ex.PW28/B, Ex.PW28/C & Ex.PW28/D respectively, their personal search memos as Ex.PW28/A1, Ex.PW28/B1, Ex.PW28/C1 and their State Vs. Sunil Rathi & Ors. BABRU Digitally signed by BABRU BHAN Page no. 22 of 48 BHAN 13:35:58 +0530 Date: 2023.04.28 23 disclosure statements as Ex.28/A2, Ex.PW28/B2, Ex.PW28/C2 & Ex.PW28/D2 respectively. All the accused persons were explained the meaning of TIP and were kept in muffled face. One motorcycle Enfield bullet which was in the possession of accused Sunil Rathi at that time bearing registration No. HR14- F-0158 was seized vide seizure memo Ex.PW28/E, signed by me at point A. Thereafter, accused Sunil Rathi led the police party to his plot, situated at Village Parnala. Only one room was there in the said plot and he entered the room and after taking the key of almirah from the bed, he got recovered Rs. 3 lacs from the said almirah. The said currency notes of Rs. 3 lacs were kept in one plastic container and its mouth was tied with doctor tape was sealed with the seal of RK and was seized vide seizure memo Ex.PW28/F, signed by me at point A. He also got recovered one Beat Car of white colour having temporary number which was found parked in the street in front of the said plot. The said car was also seized alongwith its document and key vide seizure memo Ex.PW28/G. From Village Parnala, accused Ravi Hooda led the police party to the house of his uncle namely Dinesh Hooda, which was situated at Kishan Pura, Rohtak, Haryana, and there he identified Dinesh Hooda to whom he had handed over Rs. 1 lac of his share of the ransom amount. On being asked by accused Ravi Hooda, his uncle Dinesh Hooda produced Rs. 1 lac before the IO. Said currency notes worth Rs. 1 lac were also seized vide seizure memo Ex.PW28/H, signed by him at point A, after keeping them in a transparent plastic container, tying its mouth with doctor tape and sealing the same with the seal of RK. BABRU Digitally signed by BABRU BHAN BHAN 13:36:24 +0530 Date: 2023.04.28 State Vs. Sunil Rathi & Ors. Page no. 23 of 48 24 Thereafter pursuant to his disclosure statement, accused Krishan Kumar led the police party to his house, situated at Village Dhamad, District Rohtak, Haryana and from there he got recovered Rs. 73,000/- which were kept by him in a carton, which was there on a wooden stool, kept inside one room which was on the right hand after entering his house. The said Rs. 73,000/- were also seized vide seizure memo Ex.PW28/J .
While coming back from Rohtak, Haryana to Delhi, accused Sunil Rathi got recovered one Accent Car, bearing registration No.DL9C-AA-3676 from village Mundka, belonging to accused Amit, which was used in the commission of present offence, same was also seized vide seizure memo, Ex.PW28/K A.
36. Kunal Oberoi/PW29 has deposed that he was working in Woodland as Area Manager and at the relevant time he was working as Store Manager at Aero Club Woodland Store, Shop No.1, Ground Floor, Balmev Palaza, F236 in front of University Market, Power House, Rohtak, Haryana.
On 25.12.2013, two jackets were sold by him to one person against a bill, one jacket was JC195 of black colour of medium size and the other jacket was JC220 of burgandy colour of large size which were of Rs. 5995 & Rs. 4,995/- respectively and the total bill amount was Rs. 10,990/- and the bill number was 4502, dt. 25.12.2013, the said billing was done just prior to the closing of the shop and after the said bill two more bills were issued.
Further deposed that on 15.02.2014, police officials arrived at his said showroom and he handed over the showroom State Vs. Sunil Rathi & Ors. BABRU Digitally signed by BABRU BHAN Page no. 24 of 48 BHAN 13:36:32 +0530 Date: 2023.04.28 25 copy of the said bill to the said police officials. He proved the bill as Ex.PW25/B which was seized by the police vide seizure memo already as Ex.PW25/A .
He proved both the jackets as Ex.PX-26 (colly).
37. HC Narender Kumar/PW31 deposed that on 21.01.2014, he was posted at AATS NW District, Delhi as HC. On that day, he along with HC Naresh and W/HC Usha Kiran joined the investigation of this case with IO Inspector Satyapal Yadav. Accused Arun Vohra and Shivika Chauhan were on one day PC remand with IO. IO got both of them medically examined at BJRM hospital. IO interrogated both the accused and recorded their disclosure statements. He proved disclosure statement of Shivika Chauhan and Arun Vohra as Ex.PW20/B and Ex.PW20/C. Pursuant to her disclosure statement, accused Shivika Chauhan led the police party to second floor Flat No.32C, CA block, Shalimar Bagh, Delhi which was the guest house of company. She got recovered one mobile phone make Samsung Duos of dark gray color, from beneath the mattress which was there on the bed in the inner room of the said flat. There was no SIM card in the said mobile. IO seized the said phone vide seizure memo as Ex.PW20/D. Pursuant to his disclosure statement, accused Arun Vohra led the police party to his residential house no. 1236, 3 rd Floor, Mukherji Nagar and got recovered one black colored leather bag from the inner room of his house. The said bag was found containing laptop of silver color, Adhar card, Driving license, PAN Card, Gold EMI card, Surya Healthcare card, Voter Digitally signed BABRU by BABRU BHAN State Vs. Sunil Rathi & Ors. Page no. 25 of 48 BHAN Date:
2023.04.28 13:36:38 +0530 26 ID card, card reader, one goggle, one small bag, data cable and other cards and documents etc. The said bag alongwith its contents was seized by the IO vide seizure memo Ex.PW31/A, During investigation of the case, accused Raj Kumar Walia was arrested on the pointing out of informer from Railway Reservation Center, Shalimar Bagh vide arrest memo Ex.PW31/B. IO recorded his disclosure statement Ex.PW31/C. On conducting general search of accused Raj Kumar Walia, one mobile make Samsung of black color without SIM card was recovered and same was seized by the IO vide seizure memo Ex.PW31/D. Thereafter, they got accused Raj Kumar Walia medically examined and came back to PS Shalimar Bagh. All the three accused were put in the lockup and case property was deposited with MHC(M).
Further deposed that on 22.02.2014, he again joined the investigation of this case with ASI Ved Prakash, HC Naresh Kumar, W/HC Usha Kiran and IO Inspector Satyapal Yadav. All the said three accused were taken out from lockup and they all along with accused reached at Dossier Cell, Ashok Vihar and there, search slip etc were prepared. Accused Arun Vohra and Shivika were got medically examined at BJRM hospital. Accused Raj Kumar Walia led the police party to Gopal Nagar, Najafgarh Gali No.3 and pointed out a house in which victim was kept after his abduction, vide pointing out memo Ex.PW31/E. Further deposed that on 20.02.2014, he again joined the investigation of present case along with ASI Ved Prakash, HC Naresh, HC Dharamvir and IO. On that day, they all left the office of AATS at about 2.30pm in a govt. vehicle driven by Digitally signed by State Vs. Sunil Rathi & Ors. BABRU BABRU BHAN Page no. 26 of 48 BHAN Date:
2023.04.28 13:36:48 +0530 27 official driver for the investigation of this case. They reached at main road Ghewra near Kala ka dhaba and there, secret informer met the IO and informed him that accused Amit Rana was standing at bus stand Ghewra. IO asked 3-4 passers by to join the raiding party but all of them refused and left without telling their names and addresses. No notice could be served to them due to paucity of time. IO briefed all of us regarding the secret information and moved from there at about 4.30pm. The vehicle was parked prior to Ghewra bus stand and thereafter, at about 4.40pm, accused Amit Rana who was standing, hiding himself by the side of bus stand Ghewra was apprehended on the pointing out of informer. He was arrested vide arrest memo Ex.PW31/F. IO recorded his disclosure statement Ex.PW31/G. Pursuant to his disclosure statement, accused Amit Rana led them to his residential house at Village Ghewra and got recovered one mobile phone make Nokia N8 of silver color from the almirah of the guest room of his house which was at the ground floor. He disclosed that he was using this phone at the time of commission of this offence and had destroyed the SIM card. He also produced one bill no. 5009 dated 26.12.2013 from the said almirah regarding the sale of one mobile make Samsung N 9000, which as per his disclosure statement, he had purchased from his share of ransom amount. The said mobile phone Nokia N8 was seized vide seizure memo Ex.PW31/H. He proved the bill of the same as Ex.PW11/D which was also seized vide seizure memo Ex.PW31/J, signed by the witness at point A. Thereafter, accused Amit Rana led them to H.No. RZ-179, Gali No.3, Gopal Nagar-II, Najafgarh and pointed out the said house Digitally signed BABRU by BABRU BHAN State Vs. Sunil Rathi & Ors. Page no. 27 of 48 BHAN 13:36:57 Date: 2023.04.28 +0530 28 where the victim after his abduction was kept vide pointing out memo Ex.PW31/K. Thereafter, accused Amit Rana led us to Shop No. G-4, Bhanot Trade Center, Paschim Vihar in front of Jwala Heri Market and pointing out the shop from where he had purchased the said mobile phone Samsung N9000. Pointing out memo in this regard is Ex.PW31/L. Shopkeeper of said shop namely Manish Sahni produced photocopies of two bills and the said photocopies of two bills already Ex.PW11/B and Ex.PW11/C were seized vide seizure memo already Ex.PW11/A, signed by this witness at point B. IO recorded statement of Manish Sahni. Thereafter, accused Amit Rana led them to the company's guest house 32C, CA block, Shalimar Bagh, Delhi and pointed out the said house vide pointing out memo Ex.PW31/M from where victim was abducted. After his medical examination, accused Amit Rana was kept in lockup of PS Shalimar Bagh.
Case property was deposited with MHC(M).
That on 22.02.2014, he again joined the investigation of this case along with ASI Ved Prakash, HC Naresh and IO. On that day, accused Amit Rana present in the court today, (correctly identified) was again interrogated by the IO and his supplementary disclosure statement Ex.PW31/N, was recorded. He proved the said three mobile phones are respectively Ex.P-31/1, P-31/2 and P-31/3.
He identified the black color bag along with all the articles i.e. one laptop of silver color make SNSV Sonic Master, one laptop charger, two data cables, one card reader with memory card QHMPL USB 2.0 and the memory card is of make Samsung of 2GB, one goggles of black color with its cover, one small Digitally signed BABRU by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN 13:37:04 Date: 2023.04.28 Page no. 28 of 48 +0530 29 black bag make Versace, one mobile charger, one Adhar card in the name of Saurabh Ahuja, one voter ID card in the name of Saurabh Ahuja, one Driving license in the name of Saurabh Ahuja, one PAN card of Saurabh Ahuja, one card of Surya Healthcare Ltd., one gold EMI card in the name of Saurabh Ahuja, one membership card of best price Sawhney Sports in the name of Saurabh Ahuja. One Privilege card of ARABISKA, one membership card of Park Plaza, one membership card of Big Bazar Profit Club, one Vodafone delights pay back card, one card of Cafe Moments of Cafe Coffee Day, one polythene containing some visiting cards, slips and six passport size photographs, one black color leather wallet, one security device of HSBC Bank, five envelopes of gray and white color containing some documents, one TATA photon dongle, one registration certificate of vehicle No. HR26 BU 3300 in the name of Bashir Ahmad as Ex.P1.
38. Anuj Bhatia/PW32 Nodal Officer, Vodafone Mobile Services Ltd has proved customer application form, CDR for the period 01.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 9888726685 available on judicial file. He proved CAF of said mobile number which is in the name of Sandeep as Ex.PW32/A. CDR of said mobile running in 5 pages as Ex.PW32/B. Certificate u/s.65B of Evidence Act regarding said CDR as ExPW32/C. He also proved the customer application form, CDR for the period 01.09.2013 to 31.12.2013 and certificate u/s.65B Digitally signed by BABRU BABRU Date:
BHAN State Vs. Sunil Rathi & Ors. BHAN 2023.04.28 13:37:13 Page no. 29 of 48 +0530 30 of Indian Evidence Act regarding certified CDR of mobile number 9953041261. He proved CAF of the said mobile number which was in the name of Rajneesh Kumar as now Ex.PW32/D. CDR of said mobile as Ex.PW32/E and Certificate u/s.65B of Evidence Act regarding CDR as Ex.PW32/F. He also proved the customer application form, CDR for the period 12.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 9953603779. He proved CAF of said mobile number which was in the name of Saurabh Ahuja as now Ex.PW32/G. CDR of said mobile running into 18 pages as Ex.PW32/H (OSR) and Certificate u/s.65B of Evidence Act regarding CDR as ExPW32/J .
He also proved the customer application form, CDR for the period 12.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 8377019389. He proved CAF of said mobile number was in the name of Saurabh Ahuja as Ex.PW32/K. CDR of said mobile running into 3 pages as Ex.PW32/L and Certificate u/s.65B of Evidence Act regarding CDR as ExPW32/M. He also proved the customer application form, CDR for the period 12.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 9555818444, available on judicial file. He also proved CAF of said mobile number which is in the name of Raj Kumar Walia as Ex.PW32/N, CDR of said mobile as Ex.PW32/N1 (OSR) and Certificate u/s.65B of Evidence Act regarding CDR as ExPW32/N2. BABRU Digitally signed by BABRU BHAN BHAN Date: 2023.04.28 13:37:19 +0530 State Vs. Sunil Rathi & Ors. Page no. 30 of 48 31 He also proved the customer application form, CDR for the period 01.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 9953041261. He also proved CAF of said mobile number which was in the name of Rajneesh Kumar as now Ex.PW32/P, CDR of said mobile as Ex.PW32/P1 and Certificate u/s.65B of Evidence Act regarding CDR as ExPW32/P2.
He proved the customer application form, CDR for the period 12.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 8750607098, available on judicial file. He also proved CAF of said mobile number which was in the name of Arun Vohra as Ex.PW32/Q, CDR of said mobile as Ex.PW32/Q1 and Certificate u/s.65B of Evidence Act regarding CDR as ExPW32/Q2.
He also proved the customer application form, CDR for the period 12.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 9582738808. He profed CAF of said mobile number which was in the name of Kumar Ashutosh Prasad Singh as now Ex.PW32/R, CDR of said mobile as Ex.PW32/R1 (OSR) and Certificate u/s.65B of Evidence Act regarding CDR as ExPW32/R2, bearing my signature and seal at point A. He also proved the customer application form, CDR for the period 12.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 8930380520. He proved CAF of said mobile number which was in the name of Ranbir Singh as Ex.PW32/S, CDR of said mobile as Ex.PW32/S1 (OSR) and Certificate u/s.65B of BABRU Digitally signed by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN Date: 2023.04.28 13:37:29 +0530 Page no. 31 of 48 32 Evidence Act regarding CDR as ExPW32/S2.
He proved the customer application form, CDR for the period 12.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 8053925323 available on judicial file. He proved CAF of said mobile number was in the name of Naresh Singh as Ex.PW32/T, CDR of said mobile as Ex.PW32/T1 and Certificate u/s.65B of Evidence Act regarding CDR as ExPW32/T2.
He also proved the customer application form, CDR for the period 12.12.2013 to 31.12.2013 and certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 9050444421. He proved CAF of said mobile number which was in the name of Ravi Hudda as Ex.PW32/U, CDR of said mobile running into 8 pages as Ex.PW32/U1 and Certificate u/s.65B of Evidence Act regarding CDR as ExPW32/U2.
He also proved the customer application form, CDR for the period 20.12.2013 to 25.12.2013, certificate u/s.65B of Indian Evidence Act regarding certified CDR of mobile number 9873604072. He further proved CAF of said mobile number which is in the name of Sant Ram as Ex.PW32/V, CDR of said mobile running into 6 pages is Ex.PW32/V1 and Certificate u/s.65B of Evidence Act regarding CDR is ExPW32/V2.
39. Insp. Hansraj/PW33 deposed that on 26.12.2013, he was posted at PS Shalimar Bagh as Inspector (Investigation). In the intervening night of 26/27.12.013, he was present in PS Shalimar Bagh. On that night, at about 3:30 a.m., Duty Officer handed him Digitally signed State Vs. Sunil Rathi & Ors. BABRU by BABRU BHAN Page no. 32 of 48 BHAN 13:37:37 Date: 2023.04.28 +0530 33 over the copy of FIR and original tehrir of the present case as the investigation of this case was entrusted to him. At about 4:30 a.m., ASI Madan Lal handed over him the MLC of complainant Saurabh Ahuja and also produced Saurabh Ahuja before him and at that time he was accompanied by his mother namely Smt. Neena Ahuja and his maternal uncle Sh. Hitesh. He made enquiries from all of them and recorded the statements of Neena Ahuja and Hitesh. He made search for accused persons after joining the complainant in investigation, but, in vain. He sent a request to the service providers of the mobile numbers, which were mentioned in the FIR.
On 29.12.2013, complainant Saurabh Ahuja along with his friends Wasim Ahmad and Manish Sasmal arrived at PS. He made enquiries from his both the said friends and recorded their statements. Thereafter, he along with complainant and HC Sunil left the PS and reached at H.No. 32C, CA Block, Shalimar Bagh from where the complainant was abducted. He proved the site plan as Ex.PW33/A. Further deposed that he found one steel tumbler and spoon lying near the door of the kitchen, with which complainant was administered some intoxicating substance. He seized the same vide seizure memo Ex.PW9/B . Thereafter, he got the spot photographed through a private photographer. He recorded the statement of HC Sunil and supplementary statement of Saurabh Ahuja and that of photographer Narender. Thereafter, he came back to PS and deposited the case property with the MHCM.
On 30.12.2013, he obtained the statement of account of complainant from HDFC Bank, NSP Branch, Delhi.
Digitally signed State Vs. Sunil Rathi & Ors. BABRU by BABRU BHAN Page no. 33 of 48 BHAN 2023.04.28 Date: 13:37:56 +0530 34 On the same day, he made a request to HSBC Bank,
Barakhamba Road for providing the CCTV footage of their ATM situated at Kamla Nagar, Delhi dt. 25.12.2013 vide his letter Ex.PW33/B .
Further deposed that on 11.01.2014, duty officer handed over him DD no. 27B to the effect that four accused persons have been arrested by Anti Snatching Cell (Crime Branch), Prashant Vihar, Delhi and they have confessed about their involvement in the present case. After receiving this information, he along with HC Sunil Kumar and other staff, reached the office of ASC (Crime Branch) Prashant Vihar, Delhi. There SI Ramesh Sharma met him and he handed over him the copy of kalandara u/s 41.1 CrPC vide DD no. 25. Thereafter, SI Ramesh Sharma produced all the four accused namely Sunil Rathi, Krishan Kumar, Ravi Hooda and Sandeep Sharma before the court of Ld. MM Sh. Bhupender Singh. With the permission of the Hon'ble Court, he interrogated all the said four accused and arrested them vide arrest memos already Ex.PW26/A to Ex.PW26/D qua accused Sunil Rathi, Sandeep Sharma, Krishan Kumar and Ravi Hooda respectively. Accused persons were produced before the court by SI Ramesh Sharma of ASC (Crime Branch) in muffled face. He moved an application for the TIP of the said accused persons. All the above named accused persons refused to participate in the TIP. He obtained the copy of order of the court passed in this regard. He proved his application for TIP as Ex.PW33/C and the order of the Hon'ble Court in this regard as Mark PW33/C. He obtained PC remand for three days of the above named accused persons. BABRU Digitally signed by BABRU BHAN BHAN Date: 2023.04.28 13:38:08 +0530 State Vs. Sunil Rathi & Ors. Page no. 34 of 48 35 On 12.01.2014 during investigation, all the above-mentioned accused persons led the police party consisting of the witness, HCt. Sunil and other staff and pointed out the spot i.e. Flat No. 32C, CA Block (Third Floor), Shalimar Bagh vide pointing out memos Ex.PW26/E, Ex.PW26/E-1, Ex.PW26/E-2 & Ex.PW26/E-3 qua accused Sunil Rathi, Sandeep Sharma, Krishan Kumar and Ravi Hooda respectively. Thereafter, all the above-mentioned accused persons led the police party to a house situated in Gali No.3, Gopal Nagar, Najafgarh and pointed out the said house stating that the complainant Saurabh Ahuja after his abduction was kept there. He proved the pointing out memos in this regard as Ex.PW26/F, Ex.PW26/F-1, Ex.PW26/F-2 and Ex.PW26/F-3 qua accused Sunil Rathi, Sandeep Sharma, Krishan Kumar and Ravi Hooda respectively.
40. SI Ved Prakash/PW34. He has deposed in sync with HC Dharamvir/PW25.
41. Santosh Tripathi/PW35, SSO Chemistry, FSL, Rohini has deposed that on 30.01.2014, one sealed parcel was received in the office of FSL through HC Surender Singh. On opening the said parcel, it was found containing exhibits 1A and 1 B i.e. one empty steal tumbler and one steal spoon. On chemical , TLC and GC-MS examination of the said exhibits, alkaloids, barbiturates, tranquilizers and pesticides could not be detected. He proved his detailed report as Ex.PW35/A.
42. Yogesh Tripathi/PW36, Alternate Nodal Officer, BABRU Digitally signed by BABRU BHAN State Vs. Sunil Rathi & Ors. Page no. 35 of 48 BHAN 14:12:12 +0530 Date: 2023.04.28 36 Reliance Communication Ltd. Reliance Centre had brought CDR and Cell ID chart of mobile no.9350848902 Ex. PW36/A. He proved Certificate U/s 65 B of Indian Evidence regarding the said computerized CDR as Ex.PW36/B. The said mobile number was initially in the name of Centurian Bank of Punjab Ltd. which was later on transferred in the name of Kamal Kalra. He proved CAF in the name of Kamal Kalra of the said mobile number as Ex.PW36/C. He also proved photocopy of passport and PAN of Kamal Kalra as Ex.PW36/Y.
43. Inspector Sanjeev Kr. Yadav/PW37 deposed that on 17.01.2014, he was posted at Anti Robbery Cell, Crime Branch Malviya Nagar. On that day, HC Dinesh and HC Vijender had informed him that accused Arun Vohra and Shivika who were involved in FIR No. 995/13 were seen in AB Block Shalimar Bagh. He passed this information to Insp. Kuldeep and thereafter, he alongwith HC Dinesh, W. Cont. Kalp and HC Vijender left the office of ARC Block, Shalimar Bagh near 24X7 Departmental Store. Informer met them there and he informed that accused Arun Vohra and Shivika regularly visit the said place in the evening. He sent HC Dinesh to PS Shalimar Bagh to collect the relevant documents of the present FIR and started waiting for the arrival of accused persons. Meanwhile, he asked some passersby to join the redding party, but all of them refused. Thereafter, at about 4:30 PM, on the pointing out of the informer, accused Arun Vohra and Shivika Chauhan, were apprehended while they were coming there from a street. Meanwhile, HC Dinesh brought the relevant records of the present case and State Vs. Sunil Rathi & Ors. BABRU Digitally signed by BABRU BHAN Page no. 36 of 48 BHAN Date: 2023.04.28 14:12:21 +0530 37 handed over the same to him. After going through the disclosure statement of already arrested accused persons, he arrested accused Arun Vohra and Shivika Chauhan vide arrest memo already Ex. PW-23/A and 22/A respectively and there personal search was conducted vide memos Ex. PW-23/B and Ex.PW22/B. He prepared a Kalandra under Section 41.1 (a) Cr. PC. Information regarding both the accused was given to their family members. He passed the information to D Shalimar Bagh regarding arrest of both the accused and the fact that they would be produced before the concerned Court on 18.01.2014.
44. ASI Sheshdar/PW38 has proved disclosure statement of accused Munish as Ex. PW-38/A. Further deposed that thereafter, he was arrested and his personal search was conducted vide memos Ex.PW-38/B and Ex. PW-38/C respectively.
Further deposed that on 10.07.2014, he again joined the investigation of the present case alongwith Insp. Praveen Kumar and HC Deepak. On that day, they all reached before the court of Ld. MM Sh. Sushil Anuj Tyagi, where accused Munesh was produced from JC and IO obtained his one day PC remand. Thereafter, accused Munesh led the police party to house no. 32 CA Block, Shalimar Bagh and pointed out a flat situated on second floor which was being used as guest house by complainant Saurav Ahuja, from where complainant was abducted. He proved pointing out memo in this regard as Ex. PW- 38/D. From there, accused Munesh led the police party to gali No. 3, Gopal Nagar, Najjafgarh and pointed out a house stating that this was the same house, where complainant Saurav State Vs. Sunil Rathi & Ors.
BABRU Digitally signed by BABRU BHAN Page no. 37 of 48 BHAN Date: 2023.04.28 14:12:30 +0530 38 Ahuja was kept after his abduction. He proved pointing out memo as Ex.PW38/E. He also proved supplementary disclosure statement of accused as Ex.PW38/E.
45. Manoj/PW39 has deposed that he had been working at Global Audio Text Solutions Pvt. Ltd. 301, Gopal Heights, NSP, Pitampura, Delhi as field boy since 5-6 years. He deposed that his employer Saurabh Ahuja had taken an Airtel connection no.9650354602 on his ID (Manoj's ID) and had given to another employee of the company namely Munesh Kumar @ Sunny S/o Gulshan Kumar for using the same before December 2013 as being resident of Punjab who was not having any local ID proof.
46. Dr. Deepak, CMO/ PW40, CMO Babu Jagjeevan Ram Memorial Hospital had identified the signatures of Dr. Dilip Kumar on MLC no.71400 dt.27.12.2013 of injured Suarabh Ahuja Ex.PW40/A.
47. Inspector Satyapal Yadav/PW41 has deposed in sync with PWHC Narender Kumar/PW31.
48. Inspector Praveen Kumar/PW42 has deposed that on 01.07.2014, he was posted as Incharge AATS, North West District. On that day, investigation of this case was assigned to him. Accused Munesh Kumar @ Sunny was evading his arrest and after obtaining his NBWS from the concerned Court, process U/s 82 Cr.P.C. was issued against him.
On 01.07.2014, accused Munesh Kumar @ Sunny BABRU Digitally signed by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN Date: 2023.04.28 14:12:46 +0530 Page no. 38 of 48 39 moved surrender application and ultimately on 07.07.2014 he had surrendered in the Court.
On 07.07.2014, he along-with ASI Shesh Dhar and Ct. Khudh Vedwan reached at Rohini Courts. Accused Munesh had surrendered himself before the Court of Ld. Link MM and by taking permission of the concerned Court, he interrogated accused Munesh @ Sunny and recorded his disclosure statement Ex.PW38/A. He proved arrest memo and personal search memo of accused as Ex.PW38B and Ex.PW38/C. He further deposed that on 10.07.2014, he again carried out the investigation of the present case along-with ASI Shesh Dhar and HC Deepak. On that day, they all took one day PC remand of accused Munesh @ Sunny. Accused Munesh @ Sunny led the police party to house no.32 CA block, Shalimar Bagh and pointed out a flat situated on second floor which was being used as guest house by complainant Saurav Ahuja from where complainant was abducted. He proved the pointing out memo in this regard as Ex.PW38/D. From there, accused Munesh led the police party to gali no.3, Gopal Nagar, Najafgarh and pointed out a house stating that this is the same house where complainant Saurav Ahuja was kept after his abduction vide pointing out memo Ex.PW38/E. He proved supplementary disclosure statement Ex.PW38F.
49. Ajay Kumar/PW44, Nodal Officer, Bharti Airtel Ltd. had brought the cell ID chart of the mobile number 8295009212 from the period 01.12.13 to 31.12.13. He proved the copy of the said cell ID chart as Ex.PW44/A. Digitally signed BABRU by BABRU BHAN State Vs. Sunil Rathi & Ors. Page no. 39 of 48 BHAN 14:12:53 Date: 2023.04.28 +0530 40
50. Rajiv Vashisht/PW45 Nodal Officer, Bharti Airtel Ltd., had brought summoned record of mobile phone no. 8295009212 and 9650354602. The mobile phone no. 8295009212 was issued to Naveen S/o Shammi R/o H. No. 357, Kheri-sadh, Rohtak, Haryana. He proved The customer application form as Ex.PW45/A. He further deposed that at the time of issuance of SIM, voter-I card Ex.PW45/B were taken . He proved the copy of CDR of said mobile phone number from 12.12.2013 to 31.12.2013 as Ex.PW45/C (05 pages). He proved The call location chart of the said mobile of the period 12.12.13 to 31.12.13 as Ex.PW45/D. He further deposed that the mobile phone no. 9650354602 was issued to Nand Kishore R/o H. No. 39/C, Khasra No. 62/3, Kishan Colony, A-Block, Gali no. 8, Prahladpur, Bangar, Delhi. He proved The customer application form as Ex.PW45/E (OSR). He deposed that at the time of issuance of SIM, Adhar card Ex.PW45/F (OSR), was taken. He proved the copy of CDR of said mobile phone number from 01.12.2013 to 31.12.2013 as Ex.PW45/G. He also proved the call location chart of the said mobile of the period 01.12.13 to 31.12.13 as Ex.PW45/H. He also proved the certificate u/s 65B Indian Evidence Act pertaining to the above stated mobile phone as Ex.PW45/I.
51. Prosecution evidence was followed by statement of accused U/s 313 Cr.P.C. In their respective statements, accused persons denied the case of the prosecution and pleaded State Vs. Sunil Rathi & Ors. BABRU Digitally signed by BABRU BHAN Page no. 40 of 48 BHAN Date: 2023.04.28 14:13:01 +0530 41 innocence. Accused persons also opted to lead defence evidence.
52. Ravinder Singh, Assistant Manager Corporation bank appeared as DW1. He has deposed that as per statement of account of account no. 148000101000136 of Balwan Singh, Rs. 7 lacs were withdrawn through self cheque on 10.01.2014. The statement of account is Ex.DW1/A.
53. Balwan Singh/ DW-2 has deposed that on 10.01.2014, he received phone call of Anil brother in law of his son Ravinder who informed that his brother Sunil had been apprehended by the police and they were demanding RS. 7 lacs to him. He withdrew the amount from his account in Corporation bank and handed over the same to Anil.
54. Dinesh Kumar/ DW3 has deposed that on 09.03.2013, he came to know that accused Ravi had been lifted by the police. He sold his crop for Rs. 1 lac and paid the amount to SI Ramesh. Reciepts of the sale are Ex.DW3/A and Ex.DW3/B.
55. Dalbir Singh/ DW 4 brought the original bill book and confirmed that he had purchased crop from Dinesh Kumar and paid the sale amount to him.
56. Similarly, Devender /DW5 produced the original bill book of M/s Prem Prakash Sunil Kumar and proved bill no.9500 dt.29.10.2013 and 9700 dt.20.11.2013 in the name of State Vs. Sunil Rathi & Ors. BABRU Digitally signed by BABRU BHAN Page no. 41 of 48 BHAN 14:13:09 +0530 Date: 2023.04.28 42 Ramesh Kumar. Same are Ex.DW5/A and Ex.DW5/B.
57. DW-6/Ramesh Kumar has deposed that on 09.01.2014, he had visited PS Shalimar Bagh because his son Krishanpal was arrested by the police. He paid Rs.80,000/- to the police. Witness has deposed that he had arranged the money by selling his crops.
58. Arguments heard. Case file perused. Now this court proceed with the judgment.
59. As per the case of the prosecution, Saurabh Ahuja/PW9 was abducted by the accused persons for ransom. Being the only person who had confronted the actual kidnappers , his testimony becomes most pivotal for the case of the prosecution. He has deposed that on 22.12.2013, he was about to take his dinner with his employee Manish Kumar @ Sunny and Shivika Chauhan, when suddenly 4-5 persons entered his guest house and took him to a room at some unknown place where he was detained. Instead of deposing anything against the accused persons, this witness failed to identify accused Sunil Rathi, Sandeep Sharma, Krishan Kumar and Ravi Hooda. He has clarified in the Court that they were not the persons who had abducted him. He also exonerated remaining accused persons namely Sunny @ Manish Kumar, Shivika, Raj Kumar, Arun Vohra and Ashwani Vohra stating that they were his employees. Since they did not support him during the incident, he got suspicious about their involvement. However, he later on realized Digitally signed State Vs. Sunil Rathi & Ors. BABRU by BABRU BHAN Page no. 42 of 48 BHAN Date: 2023.04.28 14:13:17 +0530 43 that they might had not supported him due to the fear of assailants.
60. Since the prime witness did not support the case of the prosecution , the prosecution has attempted to fasten criminal liability upon the accused persons with aid of circumstantial evidence. It is argued on behalf of the prosecution that while in the detention of the assailants, complainant Saurabh Ahuja was forced to make calls to Kamal Kalra, employee of HDFC bank, Vicky, resident of Karol Bagh and Wasim Ahmad for money.
61. Now, this court proceeds to see to what extent testimony of the aforesaid persons has benefited the case of the prosecution. Kamal Kalra appeared in the witness box as PW2. He has stated that on 23.12.2013 and 24.12.2013, he had telephonic conversation with Saurabh Ahuja wherein Saurabh Ahuja demanded Rs.10-20 lacs from him. This witness has nowhere clarified that from which number and on which number he had talked with Saurabh Ahuja. Even if, it is believed that he had received call from Saurabh Ahuja, he has not clarified the purpose for which Saurabh Ahuja was demanding money from him. Assuming further that Saurabh Ahuja was demanding money for making the payment to the kidnapper, since Saurabh Ahuja has not identified any of the kidnapper, the statement of Kamal Kalra would not be sufficient to prove that calls were made by Saurabh Ahuja at the instance of the accused persons herein. Similar statements have been given by Wasim Ahmed/PW16 and Vicky @ Santram/PW17. The reasoning State Vs. Sunil Rathi & Ors. BABRU Digitally signed by BABRU BHAN Page no. 43 of 48 BHAN Date: 2023.04.28 14:13:24 +0530 44 given in context of the statement of PW2 Kamal Kalra applies to these witnesses also. In considered opinion of this Court, the testimonies of these witnesses shall also not prove anything against the accused persons.
62. Prosecution has also sought to prove that accused Raj Kumar Walia who was employee of the complainant was also hand in glove with the accused persons and he had collected Rs.10 lacs from the house of the complainant in connivance with accused persons. Complainant Saurabh Ahuja has stated in his court statement that kidnappers had forced him to call at two mobile numbers of Raj Kumar Walia. Had Raj Kumar Walia been hand in glove with the other accused persons, they were not required to compel the complainant to make call to Raj Kumar Walia. Being their associates, they could have called accused Raj Kumar Walia at their own. Further, PW10 Rajat Ahuja brother of the complainant has deposed that on 24.12.2013, on instructions of Saurab Ahuja, he had paid Rs. 10 lacs to Raj Kuamr Walia who had come in Hyundai Car along-with 2-3 persons. The statement of PW10 suggests that Raj Kumar Walia was accompanied by 2-3 persons when he had gone to collect Rs. 10 lacs from the residence of complainant. It is possible that Raj Kumar Walia could not disclose the actual facts regarding kidnapping of the complainant to the family members of the complainant as he was under fear of the kidnappers who had accompanied him. Thus, mere collection of money does not lead to any conclusion that accused Raj Kumar Walia was hand in glove with accused persons. Digitally signed BABRU by BABRU BHAN BHAN 2023.04.28 Date:
State Vs. Sunil Rathi & Ors. 14:13:32 +0530 Page no. 44 of 48 45
63. Next, prosecution has sought to prove against accused Shivika Chauhan that she was in continuous touch with the complainant on 14.12.2013 when complainant was going to Dehradun and she was continuously trying to obtain the location of the complainant to assist the accused persons who were allegedly following him that day. A specific suggestion was given to the complainant during his cross examination that Shivika Chauhan was trying to take his location when he was going to Dehradun but the complainant denied the suggestion.
Besides the telephonic call with the complainant on 14.12.2013, no evidence has been brought against accused Shivika Chauhan.
64. Prosecution has also attempted to prove that accused persons had made the ransom calls from two mobile phones which were purchased by them from Manish Sahni PW11. PW11 Manish Sahni has also confirmed that bills Ex.PW12/B and Ex.PW12/C were issued by him in the name of accused Amit and Sunil. However, this witness also failed to identify accused Amit and Sunil in the Court. Since the witness has failed to identify the accused persons, it would not be safe to believe merely on the basis of the bills that ransom calls were made by the accused Amit and Sunil by using the mobile phones purchased from Manish Sahni. It is possible that someone else purchased the mobile phone in the name of accused Amit and Sunil and subsequently used the same to make the ransom calls, in case any ransom call was made at all. Digitally signed BABRU by BABRU BHAN BHAN Date:
2023.04.28 14:13:52 +0530 State Vs. Sunil Rathi & Ors. Page no. 45 of 48 46
65. Further, case of the prosecution is that after abducting the complainant, he was detained in H.No. RZ179, Gali no. 3, Gopal Nagar, Surakhpur Road, Najafgarh. This house was taken on rent by Neeraj Dahiya /PW18 from accused Amit. The prosecution has sought to prove that on 15.12.2013, the parents of tenant Neeraj Dahiya had also shifted to their ancestral house at Mundka. The aforesaid house at Najafgarh was lying vacant which was used by the accused persons to detain the complainant. PW10 Neeraj Dahiya has denied that the aforesaid house at Najafgarh was lying vacant at the relevant point of time and also that the keys of the same were provided to accused Amit. Since Neeraj Dahiya / PW10 has denied having provided the possession of his house to accused Amit at relevant point of time, the story of the prosecution that complainant was detained at the aforesaid house also comes under shadow of doubts.
66. Prosecution has also sought to prove that recovery of money effected from the accused persons was the money received by the accused persons as ransom. Firstly, the defence witnesses have established the source of money. Secondly, money is such a thing which can be easily arranged and planted on someone. Therefore, the alleged recovery even if accepted as genuine, is not sufficient to prove anything substantially incriminating against the accused persons.
67. Further, prosecution may seek to take some mileage from the recovery of Black bag, Laptop, Adhar Card, Driving License, PAN Card, Gold EMI and other documents recovered at BABRU Digitally signed by BABRU BHAN State Vs. Sunil Rathi & Ors. BHAN Date: 2023.04.28 Page no. 46 of 48 14:14:01 +0530 47 the instance of accused Arun Vohra and seized via seizure memo Ex. PW31/A. None of the police witnesses who participated in the alleged recovery proceedings has denied the availability of public persons at the time of recovery. However, the IO neither issued any notice to the witnesses who refused to join the investigation nor noted down their names. When the conduct of police suggests lack of requisite sincerity in efforts to join the public witnesses despite their availability, the recovery, as a matter of caution has to be visited with suspicion. The recovery of aforesaid articles would come under the shadow of doubts on applying this legal principle.
Even otherwise, complainant has clarified in his deposition that he raised suspicion upon his employees because they did not support him during entire episode. However, he later realized that their non cooperation was because of the fear of kidnappers. Accused Arun Vohra was one of the employee of the complainant and thus court has no reason to doubt him when complainant himself has exonerated him.
68. The aforesaid discussion can be summarized with the conclusion that complainant has failed to identify the accused persons who were not his employees. He exonerated remaining accused persons stating that he suspected them because they, despite being his employees, did not support him but he later realized that they might did not support him due to fear of kidnappers. Prosecution attempted to give some strength to its case by bringing record of some telephonic conversation but the persons with whom the alleged telephonic conversation had Digitally signed State Vs. Sunil Rathi & Ors. BABRU by BABRU BHAN Page no. 47 of 48 BHAN 2023.04.28 Date:
14:14:09 +0530 48 taken place also did not depose anything material against the accused persons. The additional evidence of recovery, may bring the accused persons under some doubt but the case would still remain miles away from the requisite standard of proof i.e. beyond reasonable doubt. Since the case of prosecution has remained under shadow of doubts, all the accused persons are acquitted from the charges leveled against them.
They are directed to furnish surety bond in the sum of Rs. 10,000/-each.
File be consigned to Record Room.Digitally signed by BABRU
BABRU BHAN
ANNOUNCED IN THE OPEN
BHAN Date:
2023.04.28
COURT ON 15.04.2023 14:14:15 +0530
( BABRU BHAN)
ASJ-03, N/W, ROHINI COURTS
DELHI/15.04.2023
State Vs. Sunil Rathi & Ors. Page no. 48 of 48