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PUNJAB AND HARYANA HIGH COURT
M.L. Singhal, J.
Samir Singh Sethi - Petitioner
Versus
State of U.T. Chandigarh - Respondents
Criminal Revision No. 263 of 1999.
Decided On : 16 March, 1999
KIDNAPPING - SECTIONS 363, 387, 353, 411 OF THE INDIAN PENAL CODE AND SECTION 25 OF THE ARMS ACT - FACTUAL MATRIX, LEGAL PROVISIONS, INTERPRETATIONS, AND INFLUENCES ON THE COURT'S DECISION - ANALYSIS OF THE COURT'S REASONING AND FINAL OUTCOME.
Fact of the Case:
The case involved the kidnapping of a 6-year-old boy, Master Amit, from Chandigarh. The accused, Samir Singh Sethi and Rajiv Samson, forcibly abducted the child from his home and demanded a ransom of Rs. 1,50,000 from his family. They were apprehended by the police during a chase, and arms and ammunition were recovered from their possession.
Finding of the Court:
The court found that the prosecution had proved the charges against the accused beyond reasonable doubt. It relied on the eyewitness accounts of the kidnapping, the recovery of the ransom note, and the seizure of arms and ammunition from the accused.
Issues: 1. Whether the accused were guilty of kidnapping, extortion, and possession of arms and ammunition. 2. Whether the accused were entitled to the benefit of the Probation of Offenders Act, 1958.
Ratio Decidendi: The court held that the accused were guilty of the offenses charged. It found that the evidence against them was overwhelming and that they had failed to provide any credible explanation for their actions. The court also rejected the accused's plea for probation, holding that they were not suitable candidates for such leniency.
Final Decision: The court convicted the accused of kidnapping, extortion, and possession of arms and ammunition. It sentenced them to various terms of imprisonment, ranging from nine months to one year, and imposed fines. The sentences were to run concurrently.
M.L. Singhal, J. - The prosecution case in brief is that on 8.8.1991 at about 6.00 P.M., Major Shingara Singh PW resident of Sector 35-A, Chandigarh had gone to meet Lt. Col. Batan Singh at House No. 2513 Sector 35-B, Chandigarh and parked his Car No. CHM-3194 outside his house and himself went inside. At about 6.45 P.M., when he came back, he found his car missing. He met SI Natha Singh near the market of Sector 35-C, Chandigarh and made complaint Ex. PA to him. SI Natha Singh put endorsement on complaint Ex. PA and sent it to Police Station, Sector 36, Chandigarh. Case FIR No. 95, dated 8.8.1991 was registered under Sections 379/411 of the Indian Penal Code at Police Station, Sector 36, Chandigarh. Wireless message was flashed from the control room to all the Police Stations and mobile vehicles, that two young men had abducted child Amit from Sector 36 in a Car bearing registration No. 3194 at about 7.15 P.M on 8.8.1991. Sat Pal PW visited the house of his brother Rattan Lal No. 3010, Sector 35, Chandigarh. Smt. Laxmi Devi wife of his brother Rattan Lal was also present there. Master Amit aged 6 years son of Rattan Lal was playing in the street outside their house. In the meanwhile, cries of Master Amit were heard. Sat Pal PW ran outdoor immediately. He saw that while coloured Fiat Car No. CHM 3194, with its engine in start position was parked outside. He saw clean shaven young man sitting on the driver seat of the car. A Sikh gentleman (Samir Singh Sethi) forcibly kidnapped Master Amit and boarded the car. Sat Pal ran towards the car. Her was able to identify the driver in the car. He was "Rajiv Samson" son of Ashok Samson, who was previously a tenant in their house. Despite best efforts, Sat Pal could not stop the car. The kidnappers left ransom note on the wall of the gate of house of Rattan Lal. It was written in Hindi on a ruled paper. Ransom note showed that if the family of Master Amit wanted his (Master Amits) safety, they should reach Shimla road at 8.30 P.M. in their own car with Rs. 1,50,000/- as ransom. Ransom note warned them that in case they informed the police, they would be murdered. Sat Pal PW raised hue and cry, which attracted many people to the spot. He rang up the police control room, Chandigarh. ASI Gurmukh Singh met them there and he made statement Ex. PW1/A to ASI Gurmukh Singh. ASI Gurmukh Singh made enforsement on that statement and sent that statement to Police Station, Sector 36, Chandigarh, on the basis of which case FIR No. 96 dated 8.8.1991 was registered under Sections 362/387/120-B/34 of the Indian Penal Code.
2. At about 7.15 P.M., Constable Iqbal Singh PW-5, Constable Satbir Singh PW-8, Constable Bani Sing and Gunman Balbir Singh were on Control Room Flying Squad Duty at Transport Chowk, Chandigarh. They received a wireless message from the Control Room about the kidnapping of Amit. They were checking the vehicles so as to trace Car No. CHM-3194 in which the kidnapped child had been taken away. After some time, they observed the said car coming from the side of grain market. It was being driven by a Sikh youth and a clean shaven Hindu youth was sitting on the front seat with the driver alongwith the child. On seeing the police party, the driver of the car tried to swerve the car towards Manimajra. Constable Iqbal Singh etc. chased that car on their motor cycle. They intercepted the car. Both the occupants of the car ran away leaving the child Amit in the car. Sikh youth was over-powered by Constable Iqbal Singh and Constable Satbir Singh. Clean shaven youth was caught hold of by Constable Bani Singh and Constable Balbir Singh. Rajiv Samson and Samir Singh Sethi grappled with the police party and caused them injuries. Two live cartridges of .12 bore were recovered from the possession of each of the accused. One country made pistol was recovered from the dash board of the car. Case FIR No. 95 dated 8.8.1991 was registered under Sections 332/353/188 of the Indian Penal Code at Police
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