Narayan Shukla, J. - (1.) Heard Mr. Samit Gopal, learned Amicus Curiae for the appellant as well as Mr. Nagendra Bahadur Singh, learned Additional Government Advocate for the State.
(2.) This appeal has been directed against the judgment and order dated 31.01.2008 passed by the Special Judge, Farrukhabad in Sessions Trial No.11 of 1999 whereby the appellant was convicted under Section 364 A of the Indian Penal Code and sentenced to imprisonment for life with a fine of Rs.10,000/- in default to undergo additional rigorous imprisonment for one year.
(3.) The brief facts leading to the present present Criminal appeals may be summarized as follows: One Keshav Ram Mishra, Sub Inspector Police Station Kotwali Farrukhabad, District Farrukhabad had lodged a First Information Report on 16.12.1998 at Police Station Kotwali Farrukhabad District Farrukhabad. In his first statement he stated that on 30.11.1998 at 17:50 hours the information was registered in Chik No. 39 at serial No. 39 of the General Diary for missing of Kumari Surbhi Awasthi aged about 11 years daughter of Sarvesh Kumar Awasthi son of late Nathu Lal Aawasthi resident of Ganga Nagar Colony, Police Station Kotwali Farrukhabad, on the basis of an application submitted by Mr. Sarvesh Kumar Awasthi. He had informed that his daughter Kumar Surbhi Awasthi aged about 11 years was studying in Class VI in "Saraswati Balika Vidya Mandir Senapati Intermediate College". She went to school in the morning. After closing the school at about 1:00 she proceeded for home but she had not reached till the time of lodging his first statement. However, while the investigation was in progress he again turned up and moved an application on 2.12.1998 which was registered as Report No. 11 in General Diary at 7:30 am. In his application he has submitted that her daughter Kumari Surbhi Awasthi, who had been missing on 30.11.1998 while proceeding from school to home had come back. He further stated that he did not suspect any body nor did he want any action in the matter.;