Ramesh @ Bajrangi v. State

RAJIV SHAKDHER, J

B N CHATURVEDI, J

July , 2008 mb

* HIGH COURT OF DELHI : NEW DELHI + Crl.A.313/2004 % Judgment reserved on : 15.05.2008 Judgment delivered on: 22.07.2008 RAMESH @ BAJRANGI ..... Appellant Through : Ms. Purnima Sethi, Advocate versus STATE ..... Respondent Through : Ms.Richa Kapoor, APP CORAM : Hon'ble Mr. Justice B N Chaturvedi Hon'ble Mr. Justice Rajiv Shakdher 1. Whether the Reporters of local papers may be allowed to see the judgment ? 2. To be referred to Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Rajiv Shakdher, J. 1. This is an Appeal under Section 374 (2) of Cr.PC against judgment dated 4.2.2004 and sentence dated 7.2.2004 passed by the Additional Sessions Judge, Smt. Asha Menon in Case No. 5/2000. By virtue of the aforesaid judgment the Appellant has been convicted of offences under Section 363/376/302/201 of the Indian Penal Code (hereinafter referred to in short as "IPC"). As regards conviction under Section 201 IPC, the Appellant has been sentenced to five (5) years rigorous imprisonment with fine of Rs.1000/-, in default of which, the Appellant has been sentenced to undergo a further rigorous imprisonment for two (2) months. In so far as offence under Section 363 of IPC is concerned, the Appellant has been sentenced to undergo seven (7) years rigorous imprisonment with fine of Rs. 3,000/-, in default of which, the Appellant has been sentenced to undergo a further rigorous imprisonment of four (4) months. As regards conviction under Section 302 IPC is concerned, the Appellant has been sentenced to imprisonment for life with fine of Rs.5,000/- failing which he is to undergo a further rigorous imprisonment for six (6) months. Lastly, for the offence under Section 376 of IPC, the Appellant has been sentenced to life imprisonment with fine of Rs.5,000/- failing which he is to undergo a further rigorous imprisonment for a period of six (6) months. 2. The Appellant being aggrieved by the impugned judgment has preferred the present Appeal before this Court. 3. For the purpose of disposal of the Appeal, it would be necessary to detail out the case set up by the prosecution. 4. The prosecution"s case is that in the night intervening 5/6th June, 1999 a child aged four (4) years named Komal was kidnapped from her house bearing No. 461, JJ Colony, Shakarpur, Delhi. On 6th June, 1999 itself at about 6.45 a.m the Police Station at Saraswati Vihar, New Delhi (hereinafter referred to in short as the "Police Station") was informed telephonically that a girl named Komal D/o Shri Rajesh Kumar @ Sanjay was missing. A report to the said effect was entered into the roznamcha. A copy of the same was prepared and issued to S.I Anil Kumar for necessary action. The requisite information was entered in the Daily Diary as Entry No. 41A (Ex.PW17/A). 5. Two hours later on the same day i.e 6.6.1999, at about 8.45 am, the dead body of the girl Komal was found lying in the drain near J Block, Shakarpur. The information was entered in the Daily Diary as Entry No. 2A (Ex.PW 17/B). A copy of the report was prepared and marked to sub-Inspector (SI) Dinesh Pal who alongwith Constable Jasraj left for the site indicated hereinabove. At about 8.50 am on the same day (i.e 6.6.1999) another entry being Daily Diary No. 3A ( Ex PW 17/C) was made wherein it was recorded that Assistant sub-Inspector Dharam Singh and operator Constable Devender had also left the Police Station to assist in conduct of investigations at the spot indicated in the information received by the Police. The said team was also accompanied by Inspector Suraj Prakash Yadav. By 10.30 am the Duty Officer at the Police Station through Constable Jasraj received requisite information from investigating team at the site to register an FIR under Sections 363/302/201 IPC. The said information was recorded in Daily Diary Entry No. 5A (Ex PW 17/D). By about 11.10 am on 6.6.1999 information with regard to the crime was sent to senior officers. This information was recorded as DD Entry No. 6A (Ex PW1