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23.The next material witness of the prosecution is PW­3 Shyam Sunder and he has deposed that in the intervening night of 20/21.07.2007 at about 12:00midnight he was returning to his house after day's collection from the market and while passing from B­3 Park Nand Nagari he saw a child lying on a table in the park and one Esteem Car of white colour was also parked at that time outside the park and the number of the car was also disclosed by this witness as 4358. This witness had further pointed out towards accused Vipin as one whom he had seen standing near the said child. He had further stated that he went inside the park and enquired from accused Vipin as to what happened to the child and the accused Vipin told him that they were taking the child to hospital. This witness has also stated that the accused Vipin did not tell him as to what had happened with the child. This witness has further pointed out towards accused Sonu S/o Rampal as other accused who had come from the car and he alongwith accused Vipin had carried away the child upto the car and thereafter made him sit inside the car and and at that time one person was sitting on the driver seat of the car and the other one was also sitting beside him inside the car. This witness had stated that he cannot identify the driver of the car as well as the person who was sitting beside driver seat. This witness has further stated that the vehicle left from there alongwith the said child and thereafter he came back to his house. This (State Vs. Sonu & Ors. SC.No.293/2007) page 15 of 63 witness had further stated that on 25.07.2007 he saw a poster of the said child to whom he had found lying on the table in the park, outside P.S. Nand Nagari, Delhi and in that poster he was shown to have been missing. On seeing the poster this witness had identified the child and immediately went to police station and informed the police officials the facts narrated by him as above. During his examination in the court, this witness had further stated that police had recorded his statement in this regard and also took him to the park where the child was found by him on the bench there and there he had pointed out the place to police. This witness has further stated that he had also gone to Tihar Jail to participate in the TIP proceeding regarding some accused persons arrested by the police but the accused persons had not participated in the said proceeding. This witness has further stated that thereafter he was never shown other persons who were sitting in the aforesaid car.

24. In his cross examination, PW Shyam Sunder, on behalf of accused Vipin had stated that he had reached at Nand Nagari Mandi at about 11:00pm on 20.07.2007 to collect the money and he had also disclosed the name of one of several persons from whom he had collected the money as Ikram and stated that Rs.2100/­ were collected from Ikram. This witness has further stated that the B­3 Park falls in the area where he was to collect money from different customers. This witness has further stated that he had seen the incident when he was passing from the area on his (State Vs. Sonu & Ors. SC.No.293/2007) page 16 of 63 motorcycle. This witness had further stated that he was unable to tell the colour of the clothes of the child, however, this witness has also stated that besides four accused persons one other person was also standing there. This witness has further stated that he was knowing the said child as he used to supply goods in Shahdara Mandi and that he also knew him by his name and also knew his father's name and face. This witness has also stated that he did not tell the description of the four boys to police but stated that he had told the police that he can identify those boys if they be shown to him. This witness has also stated that he had seen them in police station on 25.07.2007. When all the four accused were present in the police station he also identified them. This witness has further stated that he remained in the police station for about ten minutes on 24.07.2007 and during the said period Bahar Alam did not visit the police station and he also did not visit the house of Bahar Alam on that day i.e. 24.07.2007. This witness has further stated that Bahar Alam met him on 26.07.2007 but he did not take him to police station. This witness has also stated that police had recorded his statement at P.S. Harsh Vihar (Police Post) when he had identified all the four accused persons over there. This witness had admitted in his cross examination that during the period 21­24.07.2007 he did not tell anybody till he entered the police station that he had seen Shahnawaj Alam while lying on a table in the park at Nand Nagari. This witness has also stated that he remained at the (State Vs. Sonu & Ors. SC.No.293/2007) page 17 of 63 spot for about 5­7 minutes and did not tell those boys (accused) that he knew Shahnawaj Alam and neither he took him to hospital, nor helped those boys (accused) for taking him to hospital. This witness had denied the suggestion on behalf of accused Rakesh that he had identified him on the asking of deceased and also that he had not seen the incident. In his cross examination on behalf of accused Sonu S/o Rampal this witness had stated that he had seen the incident from outside the park and that there was a electric pole inside the park and that till the the child was shifted inside the car he was present outside the park. This witness has further stated that he used to pass from the park area even till today (on the day of his cross examination). This witness has further stated that he did not know accused Sonu S/o Rampal prior to this incident. This witness had denied the suggestion that Bahar Alam was his friend.