The main legal point established is the requirement for the prosecution to establish its case with incriminating evidence, and the impact of non-examination of key witnesses on the outcome of the trial.

JUDGMENT (Oral)

Crl.M.A. 60/2020

1. Present application has been filed seeking condonation of delay of 49 days in filing the present leave to appeal petition.

2. For the reasons stated in the application, delay of 49 days in filing the present petitioner seeking leave to appeal, is condoned.

3. Application is accordingly disposed of.

Crl.L.P.5/2020

4. The present petition under Section 378(1) read with Section 482 of the Cr.P.C., 1973, has been filed on behalf of the appellant/State seeking Leave to Appeal against the acquittal of the respondents vide judgment dated 03.08.2019 passed by the learned Court of Sessions (POCSO), Shahdara District, Karkardooma Court, Delhi in FIR No. 595/2014, registered at P.S. Welcome for the offences under Sections 328/363/364-A/120B/34 IPC.

5. The brief background of this case, as noted in the impugned judgment dated 03.08.2019, is that Noor-E-Muzassim, complainant made a complaint regarding kidnapping of Victim Amaan, while victim Amaan and Zeeshan were returning to their home on scooty after playing football. When they reached behind the MCD office, they fell as a motorcycle hit them from behind. The pillion rider of the motorcycle gagged the mouth of Amaan and made him sit on the motorcycle. Thereafter, he went to the house of the victim and told everything to the mother of victim. On same day, FIR u/s 363/34 IPC was registered. On 19.10.2014, father of victim made a statement in the Police Station that he had received a call for ransom of Rs.60 lakhs, which he expressed his inability to pay and so, the amount was reduced to Rs.25 lakhs. He along with Saleem and Zakir, reached at Old Railway Station at about 4:30 am, where two boys came on motorcycle and Rs.25 lakhs, the amount of ransom was given to them. After sometime, a telephonic call was received stating that victim child will be present at IP Depot. At about 5:30 am, they reached abovesaid place and found his son (victim) who was having black mark on his face. Thereafter, statement of victim under 161 Cr.P.C. was recorded wherein he stated that he was kidnapped by two persons who were wearing helmet. The victim was got medically examined and his statement u/s 164 Cr.P.C. was recorded.

6. On 26.10.2014, on the information of secret informer, accused Sher Mohd. @ Sheeru was called for inquiry and he disclosed about the involvement of co-accused Tariq @ Mamu and Azeem @ Raja in kidnapping. After analyzing the CDR, Rs.5 lakhs bundle/wad of currency notes and one mobile phone make Tata Indicom were seized from him (Sher Mohd.) and his disclosure statement was recorded. At the instance of Sher Mohd., accused Tariq was interrogated and Rs.7,24,000/- was recovered from his possession; his disclosure statement was recorded wherein he accepted the factum of snatching one mobile phone, make Samsung and making a call for ransom. The said mobile phone was recovered and checked and was found to be stolen, in respect of which FIR No.469/2014, u/s 356/379/34 IPC was registered at PS New Friends Colony. Further, a glass bottle from Jheel Park was also recovered which was used to make the victim unconscious.

7. On 28.10.2014, accused Sher Mohd. produced Rs.1,02,000/- from second floor of his house which was part of the ransom money. Remaining amount of Rs.1,52,000/-; the jeans bag in which ransom money was received and one mobile phone make Nokia was also seized from his house.

8. Thereafter, at the tip of secret informer, accused Azeem @ Raja was apprehended outside Karkardooma Court and his mobile phone make Samsung was seized. Thereafter, CDR of three mobile phones of accused persons were got analyzed and the location of accused Tariq was also found near the place of occurrence.

9. Statement of witnesses u/s 161 Cr.P.C. were recorded and accused persons were medically examined. On 23.12.2014, when the accused persons appeared in the Court for judicial remand, victim child identified accused Tariq and Azeem. After completion of investigation,