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2008 Supreme(Del) 77

B.N.CHATURVEDI, G.S.SISTANI
Rafiq – Appellant
Versus
State – Respondent


Advocates appeared
For Appellant/Petitioner/Plaintiff: Ashwani Bhardwaj, Adv.
For Respondents/Defendant: Fizani Hussain, Addl. P.P.

JUDGMENT

B.N. Chaturvedi, J.

1. Instant appeal is directed against a judgment of conviction dated 17th December, 2005 under Sections 363/364A read with Section 120B IPC and order of sentence dated 17th December, 2005 awarding life imprisonment and fine of Rs. 5,000/- each and SI for one year on failing to pay the amount of fine.

2. Material facts, stated briefly, leading to prosecution of appellants and two others are that on 14th September, 2001 about 7.30 pm one Mohd. Izhar aged about six years and ten months went missing which was discovered by his parents after about an hour. A search for him by all concerned did not yield any result. Mohd. Ikrar, father of missing child eventually reported the matter to the police. Initially a DD No. 40 B (Ext. PW 9/A) was recorded on 15th September, 2001. On the following day i.e. 16th September, 2001 on child remaining untraced, a FIR under Section 363 IPC vide Ex. PW 3/A was registered at PS Gokalpuri, Delhi. Initially, on 15th September, 2001 a blank call was received at the house of the child on telephone No. 2263029. Later, it was followed by a ransom call for Rs. 5 lacs which was subsequently brought down to Rs. 3 lacs on father of child















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