Indian Kanoon - Search engine for Indian Law

26. I have heard counsels for the parties and with their assistance gone through the record.

27. It has been contended by the State counsel that accused had kidnapped PW−3 / Deepak Singhal on the prete Xt of taking lift from him in his Honda City car and, thereafter, demanded ransom amount for releasing PW−3 Deepak, from his father PW-8 Suresh Kumar. Accused kept on roaming here and there. In the meantime, Honda City car in which PW−3 was kidnapped by the accused persons was seen running on the road and PW−9 Aashish, who is cousin of PW−3 Deepak/complainant, followed the car and also requested PCR van which was standing at Dwarka Mor. PCR van alongwith PW−9 Aashish followed the Honda City car in which PW−3 was kidnapped but could not catch hold of the accused persons and in the meantime, accused Raj Kumar deboarded from the Honda City car near pillar No. 750 and other co−accused deboarded the car from the spot of incident and after collecting ransom amount from PW−8 Suresh Kumar i.e. father of PW-3 fled away. Therefore, in view of the impeccable testimony of PW−3, PW−5 and PW-8 which is supported by police witnesses as well as recovery amount got recovered at the instance of co- accused persons (already convicted) as well as mobile phone connectivity of victim and his family, the prosecution has proved its case beyond reasonable doubts and accused deserve to be convicted.

29. At the very outset, it may be noted here that victim and his father PW−3 and PW−8 respectively have used the following phone numbers during the relevant period namely:

Mobile no.                        User                 Ownership
9818150580 (herein           after Deepak Singhal Deepak Singhal
referred as A)
9810592708 (herein           after Suresh Singhal      Suresh Singhal
referred as B)

And the inter se connectivity of these mobile phones is reproduced hereunder:

(I) Call details of mobile No.9818150580 of PW−3 Deepak Singhal Calling no. Called no. Date Time dur(s) 9810592708 9818150580 01.02.2012 10:26:22 PM 22 (B) (A) 9818150580 9810592708 01.02.2012 10:27:19 PM 44 (A) (B) 9818150580 9810592708 01.02.2012 10:28:28 PM 50 (A) (B) 9818150580 9810592708 01.02.2012 11:59:10 PM 101 (A) (B) 9818150580 9810592708 01.02.2012 12:21:26 AM 156 (A) (B) 9818150580 9810592708 02.02.2012 12:52:33 71 (A) (B) 9818150580 9810592708 02.02.2012 01:19:36 AM 25 (A) (B) 9818150580 9810592708 02.02.2012 01:20:44 AM 92 (A) (B) 9818150580 9810592708 02.02.2012 01:22:42 Am 0 (A) (B) 9818150580 9810592708 02.02.2012 01:22:52 AM 0 (A) (B) 9818150580 9810592708 02.02.2012 01:23:31AM 0 (A) (B) (II) Call details of mobile No.9810592708 PW−8 Suresh Singhal Calling no. Called no. Date Time dur(s) 9810592708 9818150580 01.02.2012 10:26:22 PM 22 (B) (A) 9818150580 9810592708 01.02.2012 10:27:19 PM 44 (A) (B) 9818150580 9810592708 01.02.2012 10:28:28 PM 50 (A) (B) 9810592708 9810201655 01.02.2012 10:30:02 PM 94 (B) 9810592708 9810043513 01.02.2012 10:34:23 PM 148 (B) 9818150580 9810592708 01.02.2012 11:37:02PM 183 (A) (B) 9818150580 9810592708 01.02.2012 11:06:01 PM 218 (A) (B) 9810592708 9810050425 01.02.2012 11:27:09 PM 8 (B) 9818150580 9810592708 01.02.2012 11:59:05 Am 101 (A) (B) 9810050425 9810592708 02.02.2012 12:08:58 AM 46 (B) 9818150580 9810592708 02.02.2012 12:21:31AM 156 (A) (B) 9818150580 9810592708 02.02.2012 12:52:33 AM 17 (A) (B) 9818150580 9810592708 02.02.2012 01:19:41 AM 26 (A) (B) 9818150580 9810592708 02.02.2012 01:20:44 AM 92 (A) (B) 9818150580 9810592708 02.02.2012 01:22:45AM 0 (A) (B) 9818150580 9810592708 02.02.2012 01:22:55 AM 0 (A) (B) 9818150580 9810592708 02.02.2012 01:23:33 AM 0 (A) (B) 9891742500 9810592708 02.02.2012 01:34:19 AM 13 (B) 9810592708 9810050425 02.02.2012 01:35:29 AM 37 9810050425 9810592708 02.02.2012 01:38:17 AM 19 (B) 9810592708 9560707683 02.02.2012 01:59:40AM 17 (B) 9810592708 9560707683 02.02.2012 02:00:34AM 44

39. Sh. Chander Shekhar, Nodal Officer, Bharti Airtel Ltd., PW-7 appeared in the witness box and exhibited the call detail records of mobile No.9818150580 and the Customer Application Form along with the ID proof Ex.PW-4/C and Ex.PW-4/D which was in the name of Deepak Singhal son of Shri Suresh Singhal. He also exhibited the call detail record of mobile No.9810592708 along with Customer Application Form and the ID proof as Ex.PW-4/E and Ex.PW-4/F which was in the name of Suresh Kumar Singhal son of Shri Jot Ram. He exhibited the certificate under Section 65B of the Indian Evidence Act relating to these call records as Ex.PW-4/G. A perusal of the call records of Deepak Singhal and Suresh Singhal would corroborate their version that at 22.26 hours Suresh was present in the Cell ID Tower of Gulab Bagh, Uttam Nagar whereas Deepak was in Jharoda Kalan which position continued till 22.30 hours. At 23.59 hours Deepak's mobile phone was at village Kanjhawala and that of Suresh at Gulab Bagh, Uttam Nagar. At 00.21 hours Deepak's mobile was at Pooth Khurd and that of Suresh at Gulab Bagh, Uttam Nagar. From 00.52 hours to 1.35 hours mobile phone of Suresh was at Vardhman Market, Sector-23, Dwarka. Deepak's mobile at 00.52 hours was at Raj Park, Sultan Puri Road, at 01.19 hours at MRV Public School, Sector-3 and from 1.20 hours to 1.23 hours at Vardhman Market, Sector-3, Dwarka whereafter there were no calls from this number.

42. The case of the prosecution rests on the testimony of Deepak Singhal, PW-3, the complainant victim himself, PW-8 Suresh Singhal his father and Ashish Singhal, PW-9 his cousin. PW-8 Suresh Kumar Singhal, father of Deepak, deposed in sync with Deepak and the version of Deepak Singhal and Suresh Singhal is corroborated by Ashish Sighal, the nephew of Suresh Singhal. From the version of Deepak, Suresh and Ashish the factum of kidnapping of Deepak and demand of ransom is proved beyond reasonable doubt.