HC upholds lifer for 3 for kidnapping boy
25 Oct 2012 1:04 AM GMT
The life sentence awarded to three persons by a trial court for kidnapping an 11-year-old boy for ransom six years ago has been upheld by the Delhi High Court.
A bench of justices Sanjiv Khanna and S P Garg dismissed the appeals of Mohamed Shahanwaz alias Tarik, Mohmed Wasim and Mohamed Tanveer against the lower court’s order, which had convicted the trio for kidnapping the boy for a ransom of Rs 25 lakh, relying upon the victim’s statement.
The bench rejected the argument of the three accused that the boy’s testimony is full of contradictions and unreliable, and said, ‘We have considered the contention but do not find any merit in the same.’
‘Several questions were put to him to verify and satisfy whether he was mature enough to understand the questions and respond to them. He has answered questions, which were put to him, quite logically,’ the court said.
‘His statement on the main and core aspects should be believed and accepted. For a child of about 11-12 years, he has shown incredible and commendable presence of mind to be able to recollect and state facts. Minor discrepancies or contradictions, which have been pointed out, do not in any way affect the victim’s credibility on the crucial and core aspects,’ the court further said. According to the prosecution, the boy had come from Ludhiana to visit his maternal grandfather in West Patel Nagar here during his vacations in March 2006.
On 28 March 2006, he was kidnapped for ransom by the trio when he had gone out to play.
A bench of justices Sanjiv Khanna and S P Garg dismissed the appeals of Mohamed Shahanwaz alias Tarik, Mohmed Wasim and Mohamed Tanveer against the lower court’s order, which had convicted the trio for kidnapping the boy for a ransom of Rs 25 lakh, relying upon the victim’s statement.
The bench rejected the argument of the three accused that the boy’s testimony is full of contradictions and unreliable, and said, ‘We have considered the contention but do not find any merit in the same.’
‘Several questions were put to him to verify and satisfy whether he was mature enough to understand the questions and respond to them. He has answered questions, which were put to him, quite logically,’ the court said.
‘His statement on the main and core aspects should be believed and accepted. For a child of about 11-12 years, he has shown incredible and commendable presence of mind to be able to recollect and state facts. Minor discrepancies or contradictions, which have been pointed out, do not in any way affect the victim’s credibility on the crucial and core aspects,’ the court further said. According to the prosecution, the boy had come from Ludhiana to visit his maternal grandfather in West Patel Nagar here during his vacations in March 2006.
On 28 March 2006, he was kidnapped for ransom by the trio when he had gone out to play.
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