1. The present appeal has been filed by the State under
Section 378 Cr.P.C. against the judgment dated 24.07.2012 passed by
learned ASJ-II, (Outer) Rohini Court, Delhi whereby the respondents/
accused persons have been acquitted for the offence punishable under
Section 302/364-A/201/120B/34 IPC, in a case registered as FIR
No.227/2003, P.S. Kanjhawla, Delhi.
2. The factual matrix, as emerging from the record, is that on
25.09.2003 a DD No. 35 A (Ex. PW-25/A) was received in the police
station regarding kidnapping of the deceased Tarun Kumar for ransom.
SI Balbir Singh along with Constable Rajbir Singh reached the house
of the complainant, namely, Satish Bhardwaj who in his statement
stated that his son Tarun Kumar @ Chintu aged about 18 years, student
of B.A(Pass) 1st year in Satyawati Evening College went missing. On
25.09.2003 he left the house as usual and did not return at the usual
time of 7:30 pm. They called on the mobile phone of Tarun bearing no.
9891102594. Initially, phone was not attended, but after some time
when his nephew Hemant Bhardwaj called from his mobile phone
no.011-32332151 on the mobile phone of Tarun, someone picked the
phone and informed that Tarun was with them. He asked Hemant to
arrange a sum of Rs. 20 Lakhs. The complainant raised apprehension
that his son had been kidnapped for ransom of Rs. 20 Lakhs. On the
basis of the statement of the complainant an FIR (Ex. PW-1/B) was
initially registered under Section 364A IPC on 26.09.2003. Mobile
phone of the complainant was kept under observation. Tarun’s
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associates were asked about his whereabout in his college. During
investigation it was revealed that Tarun was having a friend Amit
Sharma in the college, and on 25.09.2003 he went away along with the
accused Amit Sharma. The investigatin officer, however, did not
identify any person who may have witnessed/seen Tarun go with the
accused Amit Sharma. During interrogation, Amit Sharma stated that
he had nothing to do with Tarun.
Source: Indian Kanoon