Man, servant get life term for kidnapping nephew for ransom
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Last Updated: Wednesday, July 28, 2010, 20:01
  
New Delhi: A Delhi court has sentenced a man and his servant to life term for kidnapping his minor nephew to get a ransom of Rs 20 lakh from his brother for the release of the child.

Additional Sessions Judge Vinod Kumar awarded the life term to Madan Gopal and his servant Bahadur and imposed a fine of Rs 2,000 each after holding them guilty of kidnapping for ransom and criminal conspiracy under IPC.

During the arguments on sentence, public prosecutor Alka Goyal sought death penalty for the convicts saying such type of offences have become a flourishing business and normally the victims are children of near and dear ones of the offenders.

The counsel for convicts, on the other hand, sought leniency on the ground that the kidnapped child was not put to cruel treatment and even the family members of the victim seemed to have pardoned the convicts.

The court had convicted Gopal and Bahadur even though Virender Kumar, the complainant and father of the victim, turned hostile noting that it was necessary to understand that here the kidnapper is the real uncle of the child.

"The reasons for turning hostile of all these witnesses are very obvious. However, if the witnesses turn hostile, that does not mean that the entire prosecution case should be thrown away. The duty of the court is to shift the evidence and glean the grain truth out of the chaff," the court said.

"It appears that at the time of his cross examination, his brotherly feeling came to fore and then he took a U-turn," the court added.

It, however noted that 5-year-old Ashish, the kidnapped child, was rescued from a house in Jamui district of Bihar where both the accused were present.

"I am of the considered opinion that the prosecution has proved beyond reasonable doubt that both the accused persons had conspired together and in pursuit of that conspiracy had kidnapped the child and had made a ransom call of Rs 20 lakh from the mobile phone of Gopal on the mobile phone of Virender Kumar," ASJ Kumar said.

The court relied upon the testimonies of the police officials who proved that the child was recovered from the house of accused Bahadur alias Deepak and at that time both the accused were also present.

It also noted that the mobile phone, which was used for making calls for ransom, was registered in the name of Gopal and was found to be in his possession at the time of rescue in Jamui a few days after the child's abduction from Kumar's Shastri Nagar house here on April 24, 2007.

PTI


First Published: Wednesday, July 28, 2010, 20:01


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