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The Special Judge, Tis Hazari Courts, Delhi today sentenced
to life four persons for kidnapping an NRI businessman for
ransom of US $ 2 Million on March 11, 2001. The Judge, Shri
Dinesh Dayal convicted the four accused, Rakesh Sharaha, Vipin
Chaudhary, Kartik Subramanian and Santosh Acharya with life
imprisonment and fine after finding them guilty u/s 120-B
IPC, 365/368/324/506/364-A/328-B for kidnapping Shri Thekkat
Sidhique.
The case was registered by the Central Bureau of Investigation
on a complaint from the wife of the victim with the then Ambassador
of India in Abu Dhabi. The case was unique in several respects.
The FIR was lodged in a foreign country with India’s
Ambassador in Abu Dhabi. The victim though of Indian origin
had settled in Abu Dhabi and had traveled to Delhi for business
purposes at the behest and allurement of his kidnappers. While
he was kidnapped in India the ransom amount was to be paid
in Dubai. The case was a classic example of transnational
organized crime and the conspiracy was the handiwork of several
criminals based abroad. Sidhique arrived at the Indira Gandhi
International Airport of Delhi on 11.3.2001 on the invitation
of one Vijay Rathore, whom he had never met. Claiming to be
a prosperous Delhi businessman, Rathore had contacted him
repeatedly on his mobile phone and through e-mail inviting
him to Delhi for business negotiations. Even though Sidhique
was not sure what Rathore’s business interest was, the
thought that he has been sought out by Rathore was enough
to make him undertake the journey.
After registering the case, CBI with the Special Cell of
Delhi Police mounted a massive hunt for the kidnappers in
Delhi after tracking down the mobile phones of the kidnappers
which they had used for demanding the ransom. The operation
was code named ‘Op Desert Safari’ and carried
out with utmost secrecy. Finally on 18.3.2001, the joint team
of CBI and Special Cell officials stormed the building in
Sarvapriya Vihar, South Delhi where the Victim was being kept
hostage. In the operation three of the kidnappers died and
the other four were arrested and Sidhique was rescued.
After thoroughly investigating the case, CBI filed a charge
sheet in June, 2001. The case evidence was based only one
oral testimony of witnesses and circumstantial inferences.
As many as 35 witnesses were cited and of them only 21 witnesses
were examined during trial. Three witnesses were called from
Abu Dhabi. All the accused were in the age group of 30-35
years and continue to be in jail since 18.3.2001. Their efforts
to get released on bail were turned down by the trial court
and High Court on the ground that they were involved in a
heinous crime like kidnapping. During trial each of the accused
claimed that they were innocent and they had nothing to do
with the crime and those who have died were the main culprits.
But the prosecution marshaled the evidence and cited before
the trial Judge the provisions of the Section 10 of the Indian
Evidence Act which provides that acts and omissions of each
conspirator will fall into the orbit of offence committed
by any one of them.
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