JUDGMENT

G.S. Sistani, J. (ORAL)

1. Present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (`Cr.P.C.') against the impugned judgment dated 26.08.2016 passed in Sessions Case no.40/2014 FIR no.08/2009 P.S. Vasant Kunj, by which the appellant has been convicted under Section 413 of the Indian Penal Code. Challenge is also laid to the order on sentence dated 01.10.2016 by which appellant Ajay Sethi has been sentenced to the period already undergone by him which is 07 years 05 months and 09 days for the offence under Section 413 of the Indian Penal Code.

2. The case of the prosecution, as noticed by the learned Trial Court, is as under:

"1. DD No.8A(Ex.PW-11/A) was received in Police Station Vasant Kunj on 08.01.2009 conveying the information that a dead body is lying near Spinal Hospital, Vasant Kunj Enclave, New Delhi. The said DD was entrusted to Sub Inspector Sukram Pal(PW-11) who rushed to the spot. Information was also conveyed to Inspector Randhir Singh(Ist Investigating Officer) who also rushed to Nangal Dewat Road, Vasant Kunj. An unknown dead body of a male aged about 24 years was found near the boundary wall of jungle of Airport Authori