Conviction for kidnapping and ransom upheld for some appellants, while one appellant acquitted due to lack of evidence linking him to the crime.

JUDGMENT

Mrs. Manisha Batra, J.

This common order shall dispose of the aforementioned three criminal appeals preferred against a common judgement of conviction dated 21.12.2016 and order on quantum of sentence dated 23.12.2016 passed in Sessions Case No.93 of 09.06.2014 titled State v. Sukhjinder Singh and others arising out of FIR No.33 dated 18.01.2014 registered under Sections 365, 364-A, 120-B IPC read with section 25 of Arms Act at Police Station Sector-39, Chandigarh, whereby the present appellants-accused had been held guilty and convicted for commission of offences punishable under Sections 364-A and 365 read with Section 120B of IPC, 120-B of IPC and 25 of Arms Act read with Section 120B of IPC and had been sentenced in the following manner:-

2. The criminal law swung into action in this case on the basis of a written complaint submitted by the complainant Monika Sharma on 18.01.2014 at about 5:22 PM, alleging therein that previously she used to work with one Global Link Study and Immigration situated at Sector-29, Chandigarh but the said office was now closed. On 17.01.2014, Ramnish and Harvinder who used to work in the above named office with her, came to her house in a car bearing registration No.PB-06J-4040 and asked her to return the passport of one Onkar, which had been given to some agent and was not returned. The complainant assured them that she would arrange the said passport from the agent and on this, while extending threat to see her, if the passport was not returned immediately, both of them had left. She alleged that Sukhwinder, resident of Amritsar was seen sitting downstairs her house in the above car. She further alleged that on 18.01.2014, when she was out of her house, her house help informed her telephonically that the same two youths who had come to her house on the previous day, had forcibly taken away Karan, younger brother of Monika along with them while extending beatings to him in a white Swift car bearing No.PB-65- 0202. She prayed for taking penal action against the culprits.

3. On her complaint, initially a case under Section 365 read with Section34 of IPC was registered. The complainant received ransom calls in the meanwhile and her phone as well as some other suspected phone numbers were put on surveillance and calls made/received from those phones were ordered to be recorded by the police authorities. As per the prosecution version, the kidnappers kept on making calls from the mobile phone of victim Karan to the complainant Monika on 18.01.2014 to 20.01.2014 thereby asking her to give ransom money of Rs.25 lacs for release of her brother. Sh. Rajinder Kumar, uncle of the complainant had also been joined in those conversations. The kidnappers ultimat