JUDGMENT

Introduction

1. These two appeals are directed against the common judgment dated 4th February 2017 passed by the learned Additional Sessions Judge, Shahdara, Karkardooma Court, Delhi in Sessions Case No.30/2011 arising out of FIR No.288/2010 registered at Police Station (`PS') Vivek Vihar, convicting both the Appellants, Anil Kumar Sharma @ Sethi (A-1) and Manish Sharma @ Pappan (A-2) of the offences under Sections 363, 364A, 302, 201, 120B, 34 Indian Penal Code (`IPC').

2. These appeals are also directed against the order on sentence dated 27th February 2017 whereby for the aforementioned offences each of the Appellants was sentenced as under:

(i) For the offence under Section 302 IPC, both Appellants were sentenced to life imprisonment with a direction that they would not be released on remission before 25 years of actual incarceration with a fine of Rs.50,000/-, and in default of payment of fine, to further undergo simple imprisonment (SI) for six months;

(ii) For the offence under Section 364A IPC, both Appellants were sentenced to life imprisonment with a fine of Rs.50,000/-, and in default of payment of fine, to further undergo SI for six months;

(iii) For the offence under Section 363 read with Section 120B IPC, both Appellants were sentenced to seven years of rigorous imprisonment (RI) with a fine of Rs.25,000/-, and in default of payment of fine, to further undergo SI for three months;

(iv) For the offence under Section 201 IPC, both Appellants were sentenced to seven years of RI with a fine of Rs.10,000/-, and in default of payment of fine, to further undergo SI for one month.

3. The sentences were directed to run concurrently. By the same order, the trial Court also directed that all the fine amounts were to be released in favour of the father of the victim child as compensation under Section 357 Cr PC. Furthermore, considering that the deceased victim child was an only child and keeping in view the financial condition of his family, the trial Court directed that appropriate compensation be awarded to the family of the victim child under the Victim Compensation Scheme under Section 357A Cr PC.

The charges

4. By an order dated 4th July 2011, the trial Court framed charges against the two Appellants as under:

(i) That before 15th December 2010, both Appellants along with Nikhil [who was declared to be a juvenile in conflict with the law (`JCL')] entered into a criminal conspiracy to kidnap Vikas (the deceased minor) for ransom from his lawful guardian and thereby committed an offence punishable under Section 120B IPC;

(ii) That on 15th December 2010, both Appellants along with the JCL pursuant to the aforesaid conspiracy and in furtherance of their common intention kidnapped the deceased minor, Vikas, from D-45, Jhilmil Colony, Vivek Vihar, Delhi from the lawful guardianship of his father, Dharam Singh (PW-1), and thereby committed an offence punishable under Section 363/34 IPC;

(iii) That after kidnapping Vikas (deceased) both Appellants along with the JCL, pursuant to the aforesaid conspiracy and in furtherance of their common intention, kept him detained with the intention that he will be murdered and in order to compel his father to pay a ransom amount, several ransom calls were made by them between 23rd-31st December 2010 demanding Rs.15,00,000/- from Dharam Singh (PW-1), thereby committing an offence punishable under Section 364A/34 IPC.

(iv) That after kidnapping Vikas (deceased), both Appellants and the JCL, pursuant to the aforesaid conspiracy and in furtherance of their common intention, committed the murder of the deceased minor by intentionally causing death and thereby committing an offence punishable under Section 302/34 IPC.

(v) That after committing the murder of the deceased minor, both Appellants along with the JCL, pursuant to the aforesaid conspiracy and in furtherance of their common intention, disposed of the dead body at the Sub-Station, BSES adjacent to House No.87, Gali No.7B,