A.K. Roopanwal, J. - (1.) THE appellant has filed this appeal being aggrieved by the impugned judgment and order dated 9.9.2005 passed by the Additional Sessions Judge/F.T.C. ( Court No. 1) Saharanpur in ST. No. 756 of 1999, State v. Sharwan Kumar P.S. Deoband district Saharanpur under Section 364A of the IPC by which he was convicted for the offence punishable under Section 364A of the IPC and sentenced to life imprisonment and a fine of Rs. 500/ - and in default of payment of fine additional imprisonment for one month.
(2.) THE accusation which led to the trial of the accused appellant are as follows; The complainant, Raj Pal son of Baru Singh is the resident of village Karanjali police station Deoband district Saharanpur. On 11.8.1997 his son Suhsil aged about 18 years was returning from Neelkanth Mahadeo along with Baburam son of Kishan Singh, Munesh son of Punna Sharma and Mane Singh of his village. When at about 8.30 PM, all of them reached in front of Badar Ki Rathan on Deoband -karanjali road, four persons came out of the nearby sugar cane field. They interrogated Sushil and others and later on took away Sushil with them in the nearby jungle. Baburam, Mane Singh and Munesh came to the village and told the whole incident to the complainant. The complainant thereafter, made a rigorous search for his son and when he was not found, he gave a written report of the incident at police station Deoband on 12.8.1997. On this report chik FIR at crime No. 315/97 under Section 364A of the IPC was written on 12.8.1997 at 9.40 A.M. and the case was registered at the same time at G.D. No. 26.
(3.) ON 26.10.1997 at about 1.00 PM when the complainant was sitting out side of his house and talking with Sumer Chand and Jodha Ram, the appellant Sharwan along with one other person came there. He said to the complainant that in case, he does not make any complaint and pay Rs. 50, 000/in a day or two, his son would come back safely, otherwise, it would be difficult to find him alive. He also said that sufficient money has been spent on the keeping of Sushil. He warned the complainant that in case, the police is informed, he would meet the same fate as would come to his son. Sumer Chand and Jodha Ram requested the appellant for the safe release of Sushil.;