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2014 Supreme(Del) 860

SANJIV KHANNA, G.P.MITTAL
Parkash Chand – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant:Haneef Mohammad, Kishor Behuria, Harpreet Kaur, Advocates.
For the Respondent: Rajat Katyal, APP.

Judgment

G.P. Mittal, J.

1. After having been convicted for the offence punishable under Section 364A of the Indian Penal Code, 1860 (IPC) in Sessions Case No. 59/96 arising out of FIR No. 222/95 and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-, the appellant has approached this Court by way of the instant appeal.

2. The appellant and one Virender Singh (since deceased) faced trial for the earlier said offence for having kidnapped a child Nitin, aged 3½ years and demanded a ransom of Rs. 5 lakh from PW4 (father of the kidnapped child) for release of the child. The complainant (PW4) and his brother Satpal (PW1) were also threatened on telephone that if any information regarding kidnapping of the child was given to the police, the child would be killed.

3. In fact, on 19.05.1995 at about 09:00 p.m., D.D. No. 22 (Ex. PW3/A) was lodged by PW4 regarding missing of the child Nitin. The police, through this D.D., was informed that at about 10:00 am, Nitin aged 3½ years was playing in the street outside his house. After some time, when PW4 looked for the child, he was found missing. Since PW4 did not lay any suspicion with regard to kidnapping of the child,



















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