S.P.GARG, C.HARI SHANKAR
Ajay Kumar @ Ajay Takshak – Appellant
Versus
State (NCT of Delhi) – Respondent
S.P. GARG, J.
1. The appellants Ajay Kumar (A-1), Jitender Kumar @ Jitu (A-2) and Vijay Phogat (A-3) are aggrieved by a judgment dated 31.08.2016 of learned Additional Sessions Judge in Sessions Case No. 76/14 arising out of FIR No. 183/2009 registered at police station Tilak Marg whereby they all have been held guilty for committing offences punishable under Sections 120-B IPC, 364-A/365/394 IPC read with Section 120-B IPC. A-3 was further convicted for commission of offence under Section 25 Arms Act. By an order dated 04.10.2016, the appellants were awarded various prison terms with fine.
2. Briefly stated, the prosecution case as reflected in the charge-sheet was that on 20.07.2009 at around 1.30 p.m. A-1 took Abhay Garg, his friend/the victim in his car to Gurgaon on the pretext to show him some property. At Gurgaon, they met PW-17 (Satya Narain Jhangu). The victim did not return home that night. Victim’s father PW-2 (Ajay Kumar) made futile attempts to contact him on mobile but it was switched off. On the next morning i.e. 21.07.2009 at around 6.00 a.m. Ajay Kumar received a telephone call from A-1’s wife Nirmal Takshak informing him about the abduction of her husband.
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