Criminal Appeal No. – 83-DB of 2002
DWARKA COURTS, NEW DELHI
Date of Judgement: 29th April 2014
Bench: Hon’ble Sh. Vikas Dhull J.
Relevant Acts/Sections:
- Section 363 IPC (Punishment for Kidnapping)
- Section 302 IPC (Punishment for Murder)
- Section 364A IPC (Kidnapping for ransom)
- Section 201 IPC (Causing disappearance of evidence of offence)
- Section 120B IPC (Punishment of Criminal Conspiracy)
Branch: Forensic Physics
Backstory
On 10th September 2010, Pradeep Kumar (complainant) left his son Yash aged 13 years for his School Navjeevan Academy School, Madhu Vihar, Delhi at around 07:15 A.M., on the same day he did not return to home, Pradeep Kumar made a search of Yash with his relatives and friends, but no proof was found, so Pradeep Kumar expressed that Yash might have kidnapped so he made a complaint and on this basis, an FIR No. 300/10 under Section 363 IPC was registered at Dabri Police Station.
On 18h September 2010, Pradeep Kumar received a ransomed phone call from mobile no. 9560197271 demanding Rs. 1 crore. By this the police added Section 364A IPC and raids were conducted at Kashi Ram Nagar, UP. On 25th September 2010, Pradeep Kumar again received a ransomed phone call from mobile no. 8923174470. But failed to trace Yash so on 29th September 2010, they transferred the case to Crime Branch, Delhi.
Further investigation was carried out, in which police found that another case of the kidnapping of Nikesh Kumar was registered with FIR No. 256/10 at Vikaspuri Police Station on 04th October 2010, in this Nikesh Kumar case the ransom call received from the same mob no. 8923174470. Here is a clue wherein both the kidnappings, it involved the same gang, so both the cases investigated together.
On 24th October 2010, IO SI P.C. Yadav of Vikaspuri Police Station had arrested five accused, Hari Singh, Radhey Shyam, Dinesh Kumar, Rahul Guptha, and Usman Khan all the accused except Radhey Shyam confessed their involvement in the kidnapping and murdering Nikesh Kumar and Yash. To demand ransom, they removed the belongings of Yash and they threw the body away in a jungle near Pilibhit, UP.
The dead body of Nikesh Kumar was recovered. On 28th October 2010, SI P.C. Yadav recovered the school shirt and school pant of Yash from the house of accused Hari Singh. School Bag of Yash was recovered from the house of accused Dinesh. They recovered the School tie and School belt from the house of Usman Khan.
On 28th October 2010, police along with all the accused persons had led to the jungle near Jatpura, Dist. Pilibhit. The police with the help of villagers searched the jungle but could not recover the dead body of Yash. After obtaining the permission of a court, they sent the Dabri PS voice sample of accused Hari Singh along with CD to FSL, Rohini for comparison.
Forensic Report
Sh. V. Lakshmi Narasimhan, Senior Scientific Officer (Physics) Forensic Science Laboratory, Delhi and Dr. C.P. Singh, Assistant Director, Physics, FSL, Rohini, Delhi, that they had compared voice sample recorded on audio cassette of accused Hari Singh with questioned CD, found the same voice in both CD and audio-cassette, and they have proved their FSL report.
Judgement
Accused Hari Singh, Usman Singh, Dinesh, Pratap Bahan, and Rajinder acquitted for the offence under section 363, under Section 364A, under Section 302, under Section 201 and Section 120B IPC.