Delhi District Court
State vs . 1). Deepak Kumar @ Manoj Kumar on 19 May, 2012
1 FIR No. 606/08
PS Sultan Puri
IN THE COURT OF SH MAHESH CHANDER GUPTA :
ADDITIONAL SESSIONS JUDGE - IV (OUTER DISTRICT) :
ROHINI : DELHI
Sessions Case No. : 99/2008
Unique ID No. : 02404R001537208
State Vs. 1). Deepak Kumar @ Manoj Kumar
S/o Sh. Kali Charan
R/o P3/116, Sultanpuri, Delhi.
2). Bal Kishan @ Moni
S/o Sh. Tejpal
R/o E5/72, Sultanpuri, Delhi.
3). Vijay Kumar @ Rohit
S/o Sh. Prem Kumar
R/o A3/48, Sultanpuri, Delhi.
FIR No. : 606/2008
Police Station : Sultanpuri
Under Sections : U/S 363/364A/120B IPC
1 of 25
2 FIR No. 606/08
PS Sultan Puri
Date of committal to session court : 03.12.2008
Date on which orders were reserved: 09.05.2012
Date of which judgment announced: 16.05.2012
JUDGMENT:
1. Briefly stated the case of the prosecution as unfolded by the report u/s 173 Cr.P.C is as under: On 19.09.2008 complainant Sh. Radhey Shyam S/o Sh. Badri Prasad, R/o P3/118, Sultanpuri, Delhi, lodged a complaint with the police of Police Station Sultanpuri that he resides at the above mentioned address alongwith his family and is running a grocery shop and today his son Sonu aged about two years, who was playing in the gali at about 1.15 PM was missing and on the basis of his complaint an FIR No. 606/08, PS Sultanpuri, u/s 363 IPC was registered and the investigation of the case was handed over to SI Sawar Mal, who flashed the wireless message and tried his level best to trace out Sonu but no eye witness was met him. During course of investigation at the instance of complainant he prepared the site plan Ext. PW7/A and had also given the information to Special Staff, Sector1, Avantika, Delhi regarding missing child Sonu. On 19.09.2008 vide DD no.
2 of 25 3 FIR No. 606/08 PS Sultan Puri 63B dated 19.092008, PS Sultanpuri at 8.50 PM SI Sawar Mal reached at the office of Special Staff, Avantika, Rohini from where he had taken the photocopy of kalandra u/s 41.1 (a) Cr.P.C alongwith other documents and arrested the accused Deepak Kumar @ Manoj Kumar, recorded his disclosure statement and obtained his three days police remand. On 21.09.2008 at the instance of accused Deepak Kumar @ Manoj Kumar his other associate Bal Kishan @ Moni S/o Tejpal was arrested and on 13.10.2008 at the instance of accused Deepak Kumar @ Manoj Kumar his another associate Vijay Kumar @ Rohit was arrested.
Upon completion of the necessary further investigation challan was prepared for the offences u/s 363/364A/120B IPC against accused Deepak Kumar @ Manoj Kumar, Bal Kishan @ Moni and Vijay Kumar @ Rohit and was sent to the Court for trial.
2. Since the offence punishable u/s 364A IPC is exclusively triable by the Court of Session, therefore, after compliance of the provisions of Section 207 Cr.P.C, the case was committed to the Court of Session u/s 209 Cr.P.C.
3 of 25 4 FIR No. 606/08 PS Sultan Puri
3. Upon committal of the case to the court of Session, after hearing of charge prima facie a case u/s 120B/363 IPC r/w Section 120B IPC and a case u/s 364A IPC r/w Section 120B IPC was made out against all the three accused. Charge was framed accordingly which was read over and explained to all the accused to which they pleaded not guilty and claimed trial.
4. In support of its case prosecution has produced and examined eleven witnesses. PW1 Sh. Radhey Shyam, PW2 Ms. Mona, PW3 Pramod, PW4 HC Yogesh Kumar, PW5 ASI Dalbir Singh, PW6 ASI Ranbir, PW7 SI Sanwar Mal, PW8 Ct. Daya Ram, PW9 HC Rishi Ram, PW10 Dr. Manoj Dhingra, M.O.I/C Sanjay Gandhi Memorial Hospital, Mangolpuri, Delhi, and PW11 Ct. Raj Narayan.
5. In brief the witnessography of the prosecution witnesses is as under: PW1 Sh. Radhey Shyam is the complainant/father of the kidnapped child Sonu, who proved the identification memo of his son Ext.
4 of 25 5 FIR No. 606/08 PS Sultan Puri PW1/A and handing over memo of his son by the police Ext. PW1/A signed by him at PointA. PW2 Ms. Mona is the mother of the kidnapped child Sonu who deposed that on 19.02.2008 she went to take her elder son Harsh back from school and when she came back at about 1.00 PM her son Sonu was found missing. They reported the matter to the police. At about 4.00/5.00 PM they were informed by the police that her son Sonu had been found near Railway Fatak, Sultanpuri. Immediately, she with her husband reached there. They identified their son Sonu. Police handed over their son to them.
PW3 Sh. Pramod is the neighbour of complainant Radhey Shyam who deposed that on 19.09.2008 he had seen Sonu S/o Radhey Shyam, aged about 21/2 years playing near his house which is near park of P3 Block at about 1.00 pm. Thereafter, he had not seen Sonu. He knew Radhey Shyam and his son Sonu being their neighbour.
PW4 HC Yogesh Kumar is the police official of special staff who deposed on the investigational aspects and besides proving the other memos also proved seizure memo Ext. PW4/A (Ext. P1) of the articles 5 of 25 6 FIR No. 606/08 PS Sultan Puri which were recovered during the search of accused Deepak, seizure memo of the child Sonu prepared by him Ext. PW4/B, arrest memo of accused Deepak Ext. PW4/C and his personal search memo Ext. PW4/D, disclosure statement of accused Deepak Ext. PW4/E, MLC of child Ext. PW4/F & Ext. PW4/G respectively, Kalandra Ext. PW4/J. PW5 ASI Dalbir Singh who is the second IO to whom the further investigation of this case was handed over, who recorded the supplementary statement of Radhey Shyam on 13.11.2008 and submitted the case file to SHO for preparation of the chargesheet.
PW6 ASI Ranbir is the Duty Officer, who proved the copy of the FIR as Ext. PW6/A. PW7 SI Sanwar Mal is the IO of the case who deposed on the investigational aspects and besides proving the other memos also proved the site plan Ext. PW7/A, arrest memo of accused Deepak Kumar Ext. PW7/B, arrest memo and personal search memo of accused Bal Kishan Ext. PW7/C & PW7/D, arrest memo and personal search memo of accused Vijay Kumar @ Rohit Ext. PW7/F & Ext. PW7/G, pointing out memos of accused 6 of 25 7 FIR No. 606/08 PS Sultan Puri Deepak Kumar Ext. PW7/H & Ex. PW7/J, disclosure statement of accused Vijay Kumar @ Rohit Ext. PW7/K. PW8 Ct. Daya Ram who joined investigation with the IO and deposed on the investigational aspects.
PW9 HC Rishi Ram who deposed that on 19.09.2008 he was posted in Special Staff, Outer District. On that day he alongwith Insp. Narender Singh, HC Yogesh, Ct. Hari Chand, Ct. Gajender and Ct. Devraj was present at YBlock, Near Bus Stop mangol Puri, Delhi. On the basis of secret information we all alongwith informer immediately went to railway crossing Nangloi where a person was sitting alongwith a child in his lap near the Phatak and at the instance of secret informer he was apprehended who on interrogation disclosed about the commission of kidnapping of the child from his neighbourhood for the purpose of ransom. On conducting his formal search he was found in possession of three liquid bottle of drugs and on syringe and two niddles in his right hand side pant pocket. He was arrested u/s 41.1(A) Cr.P.C vide arrest memo Ext. PW4/C and his personal search is Ext. PW4/D. He further deposed that the child was identified by their parents and a memo in this respect was also prepared which is Ext. PW1/A 7 of 25 8 FIR No. 606/08 PS Sultan Puri signed by him at PointD, recovery memo of Sonu was effected vide memo Ex. PW4/B. The articles recovered in the formal search was also converted into a pullanda by keeping them in a plastic jar and sealed with the seal of YK, vide memo Ext. PW4/A. Disclosure statement of accused Deepak was recorded by IO vide memo Ext. PW4/E. Accused and Sonu got medically examined from SGM hospital and after medical examination Sonu was released to his parents vide memo Ext. PW1/A. He also proved the articles Ex.P1 collectively which were recovered from the accused Deepak Kumar.
PW10 Dr. Manoj Dhingra, M.O.I/C Sanjay Gandhi Memorial Hospital, Mangolpuri, Delhi, who proved the handwriting and signatures of Dr. Rashid who had worked with him in the SGM Hospital and to whom he had seen signing and writing during the official course of duties. He also proved the MLC Ext. PW4/G signed by Dr. Rashid at PointA of Sonu S/o Radhey Shyam, 21/2 years old male prepared by Dr. Rashid on 19.09.2008 and as per MLC No. 11778, no any cut injury seen at the time of examination and no external injury was found in local examination of the patient.
8 of 25 9 FIR No. 606/08 PS Sultan Puri PW11 Ct. Raj Naryan, who is the MHC(M) who deposed regarding the depositing of one sealed pullanda and the personal search articles of accused Deepak Kumar @ Manoj with him in the malkhana and proved the relevant entries of the Register No. 19 at Sl. No.11626 Ext. PW11/A. The testimonies of the prosecution witnesses shall be dealt with in detail during the course of appreciation of the evidence.
6. It is to be mentioned that as a matter of prudence, in order to avoid any little alteration in the spirit and essence of the depositions of the material witnesses, during the process of appreciation of evidence at some places their part of depositions have been reproduced, in the interest of justice.
7. Statement of accused Deepak Kumar @ Manoj Kumar, Bal Kishan @ Moni and Vijay Kumar @ Rohit were recorded u/s 313 Cr.P.C wherein they pleaded innocence and false implication. They opted not to lead any defence evidence.
9 of 25 10 FIR No. 606/08 PS Sultan Puri
8. Ld. Counsel for the accused submitted that prosecution has failed to prove its case beyond reasonable doubt and the accused persons have been falsely implicated in this case.
9. While the Ld. Addl. PP for the state on the other hand submitted that prosecution has proved its case beyond reasonable doubt against all the accused persons.
10. I have heard the Ld. Addl. PP for the state and Sh. R.K. Singh, Ld. Counsel for accused Deepak Kumar @ Manoj Kumar and Sh. Dharmender Kumar, Ld. Counsel for accused Bal Kishan @ Moni and accused Vijay Kumar @ Rohit and have also carefully perused the entire record.
11. The charge against the accused is that on or before 19.09.2008 at Indra Park, Sultanpuri, they all criminally conspired to kidnap Sonu S/o Sh. Radhey Shyam, aged about 2 years and six months out of the keeping and lawful guardianship of his father Radhey Shyam for ransom and in pursuance of such criminal conspiracy kidnapped Sonu S/o Sh. Radhey Shyam on 19.09.2008 at about 1.15 PM from House No. P3/118, sultanpuri 10 of 25 11 FIR No. 606/08 PS Sultan Puri without the consent of such guardianship and they all in pursuance of criminal conspiracy kidnapped Sonu S/o Radhey Shyam, in order to compel Sh. Radhey Shyam to pay ransom of Rs. 1,00,000/ and thereby committed offences punishable u/s 120B/363 IPC r/w Section 120B IPC & u/s 364A r/w Section 120B IPC.
12. PW1 Radhey Shyam, in his examinationinchief has deposed that he is running a grocery shop at P4/201, Sultanpuri. Sonu is his son. On 19.09.2008 his son Sonu was missing at about 1.00 PM. He was two years and six months at that time. He made his best efforts to locate him. Thereafter, he reported the matter to the police station Sultanpuri at about 2.00 PM.
At about 4.00/4.30 PM they received information from police that their son Sonu had located Near Sultanpuri, Railway Phatak. He and his wife immediately reached there. They identified their son there. He signed memo Ext. PW1/A bearing his signatures at PointA. The Special Staff police was also present there. Their son Sonu was handed over to them by the police vide memo Ext. PW1/B bearing his signatures at PointA. Accused Deepak present in the court was also with the special staff at that time. Accused Deepak used to reside in front of their house. He had 11 of 25 12 FIR No. 606/08 PS Sultan Puri abducted his son Sonu for taking ransom from him.
In the witness box he has withstood the test of crossexamination and his testimony is consistent throughout. His testimony has been corroborated by PW2 Mona, PW3 Parmod, PW4 HC Yogesh Kumar, PW6 ASI Ranbir and PW9 HC Rishi Ram.
The testimony of PW1 Radhey Shyam is clear, cogent, convincing, trustworthy and inspires confidence. There is nothing in his statement to suggest that he had any animus against the accused to falsely implicate him in this case.
PW2 Mona, is the wife of PW1 Sh. Radhey Shyam, who has corroborated him in all the material particulars.
PW3 Parmod who has deposed that on 19.09.2008, he had seen Sonu S/o Radhey Shyam, aged about 21/2 years playing near his house which is near park of P3 Block at about 1.00 pm. Thereafter, he had not seen Sonu. He knew Radhey Shyam and his son Sonu being our neighbours.
12 of 25 13 FIR No. 606/08 PS Sultan Puri PW4 HC Yogesh Kumar, who is the witness to the arrest of accused Deepak Kumar @ Monoj Kumar and recovery of child. It is pertinent to reproduced his examinationinchief which reads as under: "On 19.09.2008, I was posted at Special Staff Out (Outer) District Delhi as Head Constable. On that day, I alongwith HC Rishi Ram, Ct. Gajender, Ct. Hari Chand, Ct. Devraj and Inspector Narender were present at YBlock Mangol Puri, Bus Stand at about 1.30 pm. A secret informer informed Ct. Gajender that a boy was sitting on the Sultanpuri Fatak Nangoloi Road alongwith a small child aged about 2/2 and a half years old and that the child had been kidnapped by him from P3, Sultan Puri, a short while ago and that he was waiting for his another associate and if raided he could be apprehended with child. As they would leave Nangloi railway station thereafter alongwith the child. This information was told by Ct. Gajender to Inspector Narender. We were also told about this information. Inspector Narender further asked 45 passers by to join the investigation but none agreed to join us and they left expressing their difficulty to join without telling their names and addresses. Inspector Narender informed a raiding party consisting of my self and police officials and we all reached near railway crossing Sultanpuri Fatak on Nangloi Road and pointing out of secret informer, accused Deepak present in court today alongwith child was apprehended while he was sitting on a stone alongwith the child. On seeing us, accused Deepak got nervous and when we asked about the child, he started avoiding us. And on further interrogation, he revealed that the child was of one of his neighbour. And that he had kidnapped the said child. On further interrogation thename of child revealed as Sonu S/o Radhey Shyam, 13 of 25 14 FIR No. 606/08 PS Sultan Puri R/o P3, Sultan Puri. Inspector Narender enquired from PS Sultan Puri. And he came to know that a missing report about the said child had been lodged at PS Sultan Puri by the father of the child vide FIR No. 606/08, u/s 363 IPC. Accused Deepak was arrested u/s 41.1a Cr.P.C. On the direction of Inspector Narender I searched accused Deepak and from the right side pocket wearing pant of accused Deepak two needles, one syringe and three bottles of drugs out of which two were having label of mezolam injection was found. These articles were kept in a plastic jar and sealed with the help of surgical tape and seal of YK was put by me on the same and the same was seized vide memo Ex. PW4/A bearing my signatures at PointA. Seizure memo of the child Sonu was also prepared by me which is Ex. PW4/B bearing my signatures at pointA. I arrested the accused on the direction of Inspector Narender vide memo Ex. PW4/C and his personal search was conducted vide memo Ex. PW4/D both memos bearing my signatures at pointA. Accused Deepak made a disclosure statement Ex. PW4/E and the information regarding his arrest was given to his brother Raj Kumar. I informed parents of the child through Ct. Gajender after obtaining the address of the parents from the police station. In the meanwhile, parents of the child reached at the spot and we also reached at the spot from the hospital. Parents of the child identified the child Sonu and I recorded their statement which is Ex. PW1/A bearing their signatures A and B respectively. After medical examination, I handed over the custody of the child to the parents of the child vide memo Ex. PW1/B bearing signatures of parents of the child at pointA and B and my signatures at point C. I brought the accused to PS Sultanpuri and lodged DD No. 63B in this respect. Copy of which is Ex. PW4/H. I prepared a Kalandra of the same and on the next day I filed the kalandra in the court of MM which is Ex. PW4/J. Accused was also produced before MM at that time. I handed over photocopy of the relevant papers of kalandara to SI Sawarmal (PW7). I proved the case 14 of 25 15 FIR No. 606/08 PS Sultan Puri property, three bottles out of which two bottles having labels of mexolam 10 mg is written, one syringe and two needles are taken off. Witness identifies the same which are the same and recovered from accused Deepak which are Ex. P1 (colly)."
Inspite of incisive crossexamination nothing material has been brought out on the record so as to impeach his creditworthiness.
To the same effect has also been deposed by PW9 HC Rishi Ram.
PW6 ASI Ranbir has deposed that on 19.09.2008 he was posted at PS Sultanpuri as Duty Officer from 8.00 am to 4.00 pm. On that day, at about 2.15 pm, complainant Radhey Shyam Gupta arrived at the DO Room and on his dictation, he recorded the FIR No. 606/08, PS Sultanpuri in the roznamancha which was signed by the complainant and thereafter, he got the same recorded at computer through Computer Operator. Copy of FIR is Ex. PW6/A signed by him at point 'A'.
PW7 SI Sanwar Mal, IO has deposed that 15 of 25 16 FIR No. 606/08 PS Sultan Puri "On 19.09.2008 I was posted at PS Sultanpuri as SI. On that day, Duty Officer ASI Ranbir handed over the investigation of the present to me after registration of the FIR. Thereafter, I passed a WT Message and thereafter, I reached at the spot i.e P3/118, Sultanpuri, Delhi. There, at about 5:00 pm., complainant Radhey Shyam Gupta met me. I prepared site plan Ex. PW7/A signed by me at point 'X' at the instance of complainant. I recorded statement of complainant u.s 161 Cr.P.C and he informed me that his kidnapped son namely Sonu has been recovered by the Special Staff. I inquired from the neighbours of complainant and thereafter, I reached at the Office of the Special Staff, there I came to know that the members of the raiding party which rescued kidnapped boy Sonu had already left the Office after putting accused Deepak in the lockup."
He further deposed that "On 20.09.2008, I again visited the Office of the Special Staff and there I met with HC Yogesh Kumar and he handed over me the photocopies of the kallandra u/s 41.1(A) vide DD No. 63B, dated 19/09/08, PS Sultan Puri alongwith other relevant documents. I recorded statement of HC Yogesh Kumar, HC Rishi Ram and Constable Joginder. I formally arrested accused Deepak Kumar present in the Court today (correctly identified) vide arrest memo Ex. PW7/B signed by me at point 'X' and I obtained three days PC remand of the accused. Thereafter, I searched for other accused persons.
On 21/09/08, accused Bal Kishan present in the Court today (correctly identified) was arrested and his personal search was conducted vide memos collectively exhibited as Ex. PW7/C & Ex. PW7/D both signed by me at point 'X'. I recorded disclosure statement of accused bal Kishan.
16 of 25 17 FIR No. 606/08 PS Sultan Puri Same is Ex. PW7/E signed by me at point 'X'.
On 13/10/08, accused Vijay Kumar @ Rohit present in the Court today (correctly identified) was arrested and his personal search was conducted vide memos respectively Ex. PW7/F & Ex. PW7/G. Both signed by me at point 'X'. Accused Deepak Kumar, on 21/09/08 pointed out the houses of Rohit and Moni vide pointing out memos respectively Ex. PW7/H & Ex. PW7/J. Both signed by me at point 'X'. Disclosure statement of accused Vijay Kumar @ Rohit is Ex. PW7/K signed by me at point 'X'."
On careful and perusal of the analysis of the testimonies of the said PWs it stands established on the record that on 19.9.2008 at about 1.00 PM a child named Sonu aged about two and a half years was kidnapped by accused Deepak Kumar @ Manoj Kumar from his lawful guardianship without the consent of his guardians. PW1 Radhey Shyam and PW2 Mona, while he was playing near his house near park of P3 block, and was recovered from the custody of accused Deepak Kumar @ Manoj Kumar near railway crossing Sultanpuri Fatak on Nangloi Road. There is nothing in the crossexamination of said witnesses so as to impeach their creditworthiness.
PW1 Radhey Shyam in his examinationinchief has deposed that accused Deepak had abducted his son Sonu for taking ransom.
17 of 25 18 FIR No. 606/08 PS Sultan Puri But there is no iota of evidence on record to indicate that kidnapping of Sonu by accused Deepak was for ransom except for bare testimony of PW1 Radhey Shyam. Undisputably the testimony of PW1 Radhey Shyam is totally silent that he received any threatening from accused Deepak to cause death or hurt to Sonu or he (accused Deepak) by conduct gave rise to a reasonable apprehension that Sonu may be put to death or hurt in order to compel to pay a ransom. Nor there is anything on the record to indicate any criminal conspiracy among the accused persons, Deepak Kumar @ Manoj Kumar, Bal Kishan @ Moni and Vijay Kumar @ Rohit to kidnap Sonu or that in pursuance of any criminal conspiracy, Sonu was kidnapped by accused Deepak Kumar @ Manoj Kumar in order to compel PW1 Radhey Shyam to pay ransom of Rs. 1 lac.
Except for the disclosure statements of accused Bal Kishan @ Moni Ext. PW7/E and Vijay Kumar @ Rohit Ext. PW7/K and that of accused Deepak Kumar @ Manoj Kumar Ext. PW4/E, there is nothing on the record to indicate the criminal conspiracy amongst the accused persons or that in pursuance of any criminal conspiracy the accused persons kidnapped Sonu in order to compel PW1 Radhey Shyam to pay a ransom of 18 of 25 19 FIR No. 606/08 PS Sultan Puri Rs. 1 lac.
In view of above and in the circumstances, I am of the considered opinion that prosecution has thus categorically proved beyond shadows of all reasonable doubt that Sonu, a child of 21/2 years was kidnapped by accused Deepak Kumar @ Manoj Kumar from his lawful guardianship without consent of his guardians PW1 Radhey Shyam & PW2 Mona.
I, accordingly, hold accused Deepak Kumar @ Manoj Kumar guilty for the offence punishable u/s 363 IP|C and convict him thereunder.
However, prosecution has failed to prove its case for the offence u/s 120B/363IPC r/w Section 120B IPC against Bal Kishan @ Moni and Vijay Kumar @ Rohit and for the offence u/s 364A/120B IPC against Deepak Kumar @ Manoj Kumar, Bal Kishan @ Moni and Vijay Kumar @ Rohit. Therefore, accused Bal Kishan @ Moni and accused Vijay Kumar @ Rohit are acquitted for the offences u/s 363/120B IPC. Further accused Deepak Kumar @ Manoj Kumar, Bal Kishan @ Moni and accused Vijay Kumar @ Rohit are acquitted for the offences u/s 19 of 25 20 FIR No. 606/08 PS Sultan Puri 364A/120B IPC.
In view of above discussion, I am of the considered opinion that as far as the involvement of the accused Deepak Kumar @ Manoj Kumar, in the commission of the offence u/s 363 IPC is concerned, the same is sufficiently established by the cogent and reliable evidence and in the ultimate analysis, the prosecution has been able to bring the guilt home to the accused Deepak Kumar @ Manoj Kumar beyond reasonable doubt and there is no room for hypothesis, consistent with that of innocence of accused. I, therefore, hold accused Deepak Kumar @ Manoj Kumar guilty for the offence punishable u/s 363 IPC and convict him thereunder. However, accused Bal Kishan @ Moni and accused Vijay Kumar @ Rohit are acquitted for the offences u/s 363/120B IPC. Further accused Deepak Kumar @ Manoj Kumar, Bal Kishan @ Moni and accused Vijay Kumar @ Rohit are acquitted for the offences u/s 364A/120B IPC. Announced in the open Court today on 16th Day of May, 2012 (MAHESH CHANDER GUPTA) Addl. Sessions Judge- IV/Outer Distt.
Rohini/Delhi.
20 of 25 21 FIR No. 606/08 PS Sultan Puri IN THE COURT OF SH MAHESH CHANDER GUPTA :
ADDITIONAL SESSIONS JUDGE - IV (OUTER DISTRICT) :
ROHINI : DELHI Sessions Case No. : 99/08 Unique ID No. : 02404R001537208 State Vs. 1). Deepak Kumar @ Manoj Kumar S/o Sh. Kali Charan R/o P3/116, Sultanpuri, Delhi.
2). Bal Kishan @ Moni S/o Sh. Tejpal R/o E5/72, Sultanpuri, Delhi.
3). Vijay Kumar @ Rohit S/o Sh. Prem Kumar R/o A3/48, Sultanpuri, Delhi.
FIR No. : 606/2008 Police Station : Sultanpuri Under Sections : U/S 363/364A/120B IPC 21 of 25 22 FIR No. 606/08 PS Sultan Puri ORDER ON SENTENCE :
1. Vide my separate detailed judgment dated 16.05.2012 accused Deepak Kumar @ Manoj Kumar has been convicted for the offence punishable u/s 363 IPC.
2. Sh. R.K. Singh, Ld. Counsel for convict Deepak Kumar @ Manoj Kumar submitted that convict Deepak Kumar @ Manoj Kumar is aged about 25 years and is working in a switch factory and is unmarried and is having aged parents to look after and is the sole bread earner in the family and has remained in JC for about two years during the trial of the case. He further submitted that he is having clean antecedents and is not a previous convict and is a victim of circumstances. He further submitted that the kidnapped boy Sonu was recovered within a few hours of his kidnapping and prayed for leniency.
3. On the other hand, Ld. Addl. PP for state submitted that convict be dealt with strictly and severest punishment be given to deter him from committing the same offence in future and no leniency be shown to him. He further submitted that he has committed very serious offence of 22 of 25 23 FIR No. 606/08 PS Sultan Puri kidnapping a minor boy aged about two years and six months.
4. I have heard the Ld. APP for the state and the Ld. Counsel for the convict Deepak Kumar @ Manoj Kumar at length on the quantum of sentence. The victim boy named Sonu, aged about two years and six months was kidnapped out of the keeping and lawful guardianship of his father Radhey Shyam by the convict Deepak Kumar @ Manoj Kumar.
5. It has been held by the Hon'ble Apex Court in Sahdev Vs. Jaibar @ Jai Dev & Ors. 2009 V AD (S.C.) 515 that: "After giving due consideration to the facts and circumstances of each case, for deciding just and appropriate sentence to be awarded for an offence, the aggravating and mitigating factors and circumstances in which a crime has been committed are to be delicately balanced on the basis of really relevant circumstances in a dispassionate manner by the Court. Such act of balancing is indeed a difficult task".
6. It has been held in State of Karnataka Vs. Murlidhar 2009 IV AD (S.C.) 1 that: 23 of 25 24 FIR No. 606/08 PS Sultan Puri "The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. It is expected that the Courts would operate the sentencing system so as to impose such sentence which reflects the conscience of the society and the sentencing process has to be stern where it should be. The court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the criminal and victim belong. The punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated, the enormity of the crime warranting public abhorrence and it should "respond to the society's cry for justice against the criminal".
7. Having regard to all the facts and circumstances of the case and all the facts & circumstances of the convict's family and also that he is not a previous convict and has clean antecedents, I am of the considered opinion that the ends of justice can be met by sentencing convict Deepak Kumar @ Manoj Kumar to undergo Rigorous Imprisonment for a period of two years and four months and to pay a fine of Rs. 5,000/ in default thereof to further undergo Rigorous Imprisonment for a period of six months u/s 363 IPC. The period already undergone by the convict Deepak Kumar @ Manoj Kumar during the 24 of 25 25 FIR No. 606/08 PS Sultan Puri inquiry/investigation/trial of this case shall be set off under section 428 Cr.P.C.
A copy of judgment as well as that of order on sentence be given to the convict free of costs.
Announced in the open Court today on 19th Day of May, 2012.
(MAHESH CHANDER GUPTA) Addl. Sessions Judge- IV/Outer Distt.
Rohini/Delhi.
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