- (1.) Both the connected appeals are arised out of the same judgment and order,therefore, both the appeals are being decided by a common judgement.
(2.) These appeals have been filed against the judgement and order dated 21.2.2005 passed by the Additional District and Sessions Judge/Special Judge(E.C. Act), District Gonda in Sessions Trial No. 190 of 2003 (State Vs. Amit Kumar Singh and another), whereby learned trial court has convicted the appellants Amit Kumar Singh and Mintu Singh @ Dhirendra Pratap Singh for the offence under section 363 Indian Penal Code( hereinafter referred to as I.P.C.) and sentenced each appellants to undergo five years rigorous imprisonment with a fine of Rs. 5,000/- and in default of payment of fine one year additional imprisonment and further convicted and sentenced under section 364-A I.P.C. for life imprisonment with a fine of Rs. 5,000/- and in default of payment of fine one year additional imprisonment. However all the sentences have been ordered to run concurrently. Brief Facts
(3.) Brief facts giving rise to the present appeals are that on 13.2.2002 complainant Vinay Kumar Singh lodged a missing report Ex- Ka-4 with the police station Paraspur, District Gonda regarding his daughter Km. Shakshi Singh aged about ten years, who was student of Saraswati Sishu Mandir Paraspur. Thereafter on 19.2.2002 complainant Vinay Kumar Singh gave a written information Ex-Ka-1 to the Station Officer, P.S. Paraspur District Gonda stating therein that on 13.2.2002 Km. Harshita and Km. Sirshti of his family, who had also gone with Km. Shakshi Singh to the school have told that Km. Shakshi Singh had left the school on call of Amit Kumar Singh and gone with Amit Kumar Singh and Mintu Singh @ Dhirendra Pratap Singh. Amit Kumar Singh is the son of his brother-in-law (Sharu). On 14.2.2002 his brother-in-law (Sala) Jagdish Singh resident of Jagdishpur District Sultanpur told him on telephone that he has received a telephonic call from unknown person from Lucknow, who has told that Km. Shakshi Singh is in his custody and has demanded Rs. 3,50,000/- otherwise he has threatened to kill her. It is further stated that Amit Kumar Singh and Mintu Singh @ Dhirendra Pratap Singh have kidnapped her daughter for ransom, therefore, necessary action be taken.;