ARVIND KUMAR MISHRA-I,J. - (1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 22.09.2010 passed by the Special Judge (DAA) Agra, in Special Sessions Trial No. 111 of 2001 State of U.P. Vs. Banti alias Firoz alias Sikandar and others, arising out of Case Crime No.361 of 2001, under Section 364A IPC, Police Station- Etmaddaula, District- Agra whereby the appellant Banti alias Firoz alias Sikandar has been sentenced to life imprisonment coupled with fine Rs.20,000/- under Section 364A IPC, with default stipulation for six months' additional simple imprisonment.
(2.) Heard Shri Samit Gopal, learned Amicus Curiae for the appellant, Shri Saghir Ahmed, Shri J.K. Upadhyay, Kumari Meena, Smt. Manju Thakur, learned AGAs for the State and perused the record.
(3.) The prosecution story as unfolded through the record reflects that the informant Surendra Kumar Verma lodged the written report on 30.07.2001 at 4:30 a.m. against the appellant involving element of crime under Section 364 IPC with specific allegations that his son Sunny aged about 14 years was playing in his room along with his two brothers on 29.07.2001 around 2:30 p.m. At that time, the appellant Banti alias Firoz alias Sikandar son of Bhola alias Nasruddin who was friend of the informant's brother in law and used to visit his house often in the past also, came to his house and enticed away his son Sunny on allurement of giving him cold drinks but did not return. On query being made from his (informant) brother in law, it transpired that the appellant Banti alias Firoz alias Sikandar was not available at home. The informant apprehended that his son may be killed. Sunny was seen in company with the appellant while being taken away by Dharmendra Soni and the two sons of the informant. It was prayed that report be lodged and action be taken. The written report is Ext. Ka-1. Contents of the aforesaid information were taken down in the Check FIR on 30.07.2001 at 4:30 a.m. at aforesaid police station at Case Crime No.361 of 2001 under Section 364 IPC. Check FIR is Ext. Ka-7. On the basis of entries so made in the check F.I.R., a case was registered in the relevant G.D. at serial no.6 on 30.07.2001 at 04:30 p.m. at aforesaid case crime number at Police Station Kishanpur under aforesaid section of I.P.C. against appellant, which is Exhibit Ka-8.;