The judgment establishes the admissibility of call detail records, reliance on circumstantial evidence, and the unexplained presence of the accused near the crime scene as crucial factors in establishing guilt.

JUDGMENT :

Harinder Singh Sidhu, J.

1. This appeal is instituted against the judgment and order dated 07.03.2018/09.03.2018 rendered by the Additional Sessions Judge, Mewat in Sessions Case No.529 of 2015 whereby the appellant, who was charged with and tried for offence punishable under Section 201, 302, 364, 392 and 120-B of the Indian Penal Code (in short 'IPC'), has been convicted and sentenced as under:-

In default of payment of fine, the appellant is to undergo further imprisonment for a period of one year. The sentences were ordered to run concurrently.

2. The other co-accused namely Dalip, Rahul Puri and Vijay @Neeraj were declared as juveniles and sent to the Juvenile Justice Board for trial.

3. The case of the prosecution in a nutshell is that on 22.03.2015 one Samsuddin son of Bagdal resident of Padheni, P.S. Tauru went to the PP City Tauru and got recorded his statement before ASI Rajender. He stated that his nephew Imran Khan son of Sohrab Khan was working as a driver on Swift Dzire car Reg.No.HR-27B-5911 owned by Ashok Kumar s/o Om Parkash, Ward No.6, Tauru. On 19.3.2015 at around 5.00 pm Imran Khan spoke to Ashok Kumar and informed him that he had received a booking for Khairtal (Rajasthan) and sought his permission to go. Ashok Kumar told Imran Khan that if the persons booking the car were known to him then he may go. He stated that this information had been given to him by Ashok Kumar. Imran Khan left in the evening. At about 6.00 pm he called his younger brother Sahid Khan on phone to inform him that he was going to Khairtal on booking and would not return that day. But Imran Khan did not return for the next two days. Samsuddin stated that he suspected that some unknown persons had kidnapped Imran Khan and murdered him. Based on the statement FIR under Section 364 IPC was registered. The matter was investigated. Later the police received information about the presence of an unclaimed body lying in the mortuary of CHC Bansur, Rajasthan. This body was identified to be that of Imran Khan. It was taken into custody by the Haryana police and delivered to CHC Nuh where the post mortem was conducted. Thereafter offence under Section 302 IPC was added and the matter was investigated further. The accused were arrested. They suffered separate disclosure statements pursuant whereto a knife, the Swift Dzire car without number plate, seat belt, number plate of the car and other articles were recovered. Challan was filed after completing all the codal formalities.

4. The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded. He denied the allegations levelled against him and pleaded his false implication. However, he did not lead any evidence in his defence.

5. The appellant was convicted and sentenced as referred to above. Hence, this appeal.

6. We have heard learned counsel for the parties and have gone through the judgment and record.

7. Pw1 Samsuddin stated that his nephew Imran son of Sh. Sohrab was employed as a driver by Ashok son of Sh. Om Parkash, resident of ward No.6, Tauru on Swift Dzire bearing registration No.HR-27B-5911. On 19.5.2015 some unknown persons came to Imran to hire the aforesaid vehicle for going to Khairtal (Rajasthan) in order to attend a marriage. Imran sought permission from the owner Ashok who allowed him to go. Imran telephonically informed his brother Sahid Khan that he would not return on that day but would come the next day.

8. As Imran did not return on the next day they searched for him. His cell phone was found switched off. He (Samsuddin) went to the police on 2