The main legal point established in the judgment is the importance of proportionality in sentencing and the duty of the court to consider extenuating circumstances before reducing the sentence below the prescribed minimum.

JUDGMENT :

HARPREET SINGH BRAR, J.

1. The present appeal has been preferred against the judgment of conviction dated 25.01.2014 and order of sentence dated 27.01.2014 passed by learned Additional Sessions Judge, Palwal in case bearing FIR No. 36 dated 23.04.2006, under Sections 364A, 506, 120B, 34 IPC registered at Police Station Hassanpur whereby the appellants/accused have been convicted for the commission of offences punishable under Sections 120B and 365 IPC and have been awarded following sentence:

FACTUAL BACKGROUND

2. Brief facts of the prosecution case are that on 22.04.2006 at about 11.45 PM, Vijender Singh, SI/SHO Police Station, Hassanpur along with Constable Pawan Kumar No. 324 was on patrolling duty in the official vehicle, which was being driven by Constable Rashid Khan in the area of village Jatoli when complainant Ram Chand son of Ram Sukh, resident of Bela, Police Station Hassanpur met him. He submitted an application (Ex.PB) wherein it was stated that on 22.04.2006 at about 8 AM, his grandchildren namely Deepak and Hem Lata, who were students of 6th standard, went to attend their school on foot. Near Agra canal bridge, three persons met his grandchildren where they handed over the school bag of Deepak to Hem Lata and took Deepak with them towards village Korali. Thereafter, Hem Lata came home and narrated the whole incident. Efforts were made to find Deepak but he could not be traced out. The complainant suspected that his grandson namely Deepak was kidnapped by Babu Lal, resident of Sirohi (UP), Rambir, Daya Chand, Kishan, Ramroop sons of Khillu, Shiv Dayal, Bhoj Pal, Bhim sons of Daya Chand, all residents of village Bela. The aforesaid application (Ex.PB) was endorsed by Vijender Singh, SI/SHO in order to forward the same to Police Station, Hassanpur for registration of a case under Section 364 IPC.

3. During the course of investigation, on 23.04.2006, SI/SHO Vijender Singh had visited the spot and prepared rough site plan. Phone of the complainant was kept on surveillance whereupon a telephonic message seeking ransom was received. On receipt of information on 03.05.2006 that a child, aged about 12/13 years was kept confined by a person in the house of one Madan at village Baveli, District Bagpat, a raid was conducted and Deepak was recovered from confinement of accused Babu Bhagat and Madan. The accused persons were arrested. On 03.05.2006, SI/SHO Vijender Singh had visited Police Station Barot, District Bagpat where Inspector/SHO Sanjay Saroi handed over the custody of Deepak to him as well as copy of D.D. No. 32. A memo regarding taking over custody of Deepak was also prepared and he was handed over to his father. A rough site plan of the place of recovery of the child was prepared on 04.05.2006. On 05.05.2006, accused Babu Lal suffered a disclosure statement to the effect that he, Sarvar son of Munna, Santosh son of Vasdev, Sukhpal son of Badlu, Sushil son of Vijay Verma and Mukesh hatched a conspiracy to kidnap Deepak grandson of Ram Chand and accordingly, committed the offence. Accused Madan also made a disclosure statement to the same effect on 05.05.2006. On 05.05.2006 itself, memo regarding place of occurrence was prepared at the instance of accused Babu Lal whereas at the instance of accused Madan, memo qua place of recovery of Deepak was prepared on 06.05.2006. Thereafter, other accused persons namely Sushil, Santosh, Sarvar and Sukhpal were arrested and recoveries of mobile phone