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2014 Supreme(Del) 3085

PRADEEP NANDRAJOG, MUKTA GUPTA
Sartaj @ Sonu – Appellant
Versus
State – Respondent


Advocates:
For the Appellant :Ms. Arundhati Katju, Advocate.
For the Respondent: Ms. Aashaa Tiwari, APP.

JUDGMENT :

Mukta Gupta, J.

1. The appellant Sartaj @ Sonu is convicted for offence punishable under Sections 363/364A IPC for kidnapping a three year old minor child by the impugned judgment dated April 29, 2014 and sentenced to undergo imprisonment for life and a fine of Rs. 5000/- for offence punishable under Section 364-A IPC and rigorous imprisonment for 7 years with fine of Rs. 1000/- for offence punishable under Section 363 IPC vide the order dated April 30, 2014.

2. Learned counsel for the appellant assails the judgment on the ground that the version of Abida and Nazma cannot be relied upon as though the prosecution case is that the child was recovered from the residence of Abida, however neither Abida nor Nazma have signed the recovery memo. Further the signatures of Sartaj on recovery memo do not tally with his signatures on the charge and his statement recorded under Section 313 Cr. P.C. The prosecution has not been able to prove that the victim child was recovered at the instance of Sartaj. Though Iktiyar says that 5 calls were received, however in only one call it is alleged that there was a demand for ransom. Even the demand for ransom does not bring the offence allegedl























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