Crl. Appeal No. 307/2007. Case: Chiranji Lal Vs State. High Court of Delhi (India)
| Case Number | Crl. Appeal No. 307/2007 |
| Judges | Pradeep Nandrajog, Indermeet Kaur & Indermeet Kaur, JJ. |
| Issue | Indian Penal Code, 1860 - Sections 302, 363, 364-A, 376; Indian Evidence Act, 1872 - Section 27 |
| Judgement Date | July 29, 2009 |
| Court | High Court of Delhi (India) |
Judgment:
Pradeep Nandrajog, J.
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The judgment and order under challenge is dated 14. 9. 2006. The appellant has been convicted for the offence punishable under Section 364-A Indian Penal Code, 1860; the offence punishable under Section 376 Indian Penal Code, 1860 and the offence punishable under Section 302 Indian Penal Code, 1860.
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The unfortunate victim of the crime is a young girl named Manju aged 9 years.
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With reference to the testimony of PW-1 and PW-2 the learned Trial Judge has held that it stands established that ransom in sum of Rs. 50,000/- was demanded over the telephone to release Manju under threat of physical harm to her. With reference to the testimony of Manish Gaur PW-6 the learned Trial Judge has held that it stands proved that on 25. 11. 2001 the appellant and the deceased had stayed in an inn at Jodhpur. With reference to the testimony of Gafur Khan PW-10, ASI Swarup Singh PW-11 and Inspector Narayan Singh PW-15 the learned Trial Judge has held that it stands established that the dead body of Manju was for the first time noted and hence recovered on 30. 11. 2001 from a spot near the railway line within the jurisdiction of PS Pokharan, District Jaisalmer, Rajasthan and that footprints were lifted in a mould as recorded in the memo Ex. PW-11/C, which footprints, with reference to the imprints of the sole tallied with the sole of the slippers worn by the appellant when he was arrested near Pokharan Railway Station on 5. 12. 2001. With reference to the post-mortem report Ex. PW-14/A and the testimony of Dr. S. L. Jangin, the learned Trial Judge has held that it stands established that Manju was raped before she died. The learned Trial Judge has also referred to the report Ex. PW-20/E of the Forensic Science Laboratory as per which the vaginal cervical swab of the deceased taken by PW-14 showed presence of human semen.
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Manju aged 9 years could not be found by her parents on 23. 11. 2001 till late evening. Her father Sita Ram PW-2 went to the police station and lodged a missing persons report as per DD No. 18A, Ex. PW-8/A.
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Wireless message was flashed to inform all missing persons' squads about Manju being missing.
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The father of Manju suspected that the appellant had kidnapped Manju, for the reason, the appellant was related to Manju's father; being the son of his paternal uncle, and was missing from his house since 23. 11. 2001. Manju's father went to the police station and his statement Ex. PW-2/E noting said fact was recorded by SI Ajit Malik and pursuant thereto the FIR Ex. PW-5/A was registered for an offence punishable under Section 363 Indian Penal Code, 1860. The appellant was named as a suspect.
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No headway could be made by the police at Delhi. A telephone was received on 2. 12. 2001 at telephone No. 2174122 by Madan Lal PW-1 who was told to convey to Sita Ram, the father of Manju, that Manju was in the custody of the caller and that he would hear from the caller what next to do. Madan Lal informed said fact to Sita Ram. Another call was received at the said number and Madan Lal handed over the phone to Sita Ram. The caller demanded Rs. 50,000/- to release Manju and threatened that Manju would be harmed if the money was not paid. Immediately, Sita Ram informed said fact to the police which was noted vide DD No. 11-B, Ex. PW- 20/B.
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Another call was received informing that the ransom should be paid near Pokharan Railway Station District Jaisalmer on 5. 12. 2001.
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A raiding party consisting of Inspector Abhirup Banerjee PW-20, SI Kailash Chand PW-19, Const. Vinod PW-16, HC Ramesh PW-18 and Const. Babu Lal (not examined) was constituted. Accompanied by the father of the girl i. e. Sita...
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