(1.) The instant Criminal Appeal has been preferred on behalf of the appellant-convict Raju against the judgment and order dated 20.07.2019 passed by the Additional Sessions Judge/Fast Track Court, Sambhal at Chandausi in Sessions Trial No. 395 of 2017 (State of U.P Vs. Raju) arising out of Case Crime No. 400 of 2016 under Sections 364 I.P.C., P.S. Rajpura, District Sambhal whereby the appellant was convicted for the offence under Section 364 of I.P.C and was sentenced for ten years rigorous imprisonment and fine of Rs. 20,000/-, in default of payment of fine the convict was also directed to under go additional rigorous imprisonment for one year.
(2.) The brief facts giving rise to this criminal appeal are that the informant Ram Kishore moved a written information with the police station concerned with these allegations that his son Shivaji had gone to B.S.V.D school, Gava to study therein on 22.08.2016 at 7 O' clock by his own cycle. His son was studying in class VIIIth, his age was 15 years. His son did not come back from the school to his house, on queries the informant came to know that the cycle and bag of his son was in the school. He made hectic search of his son but no whereabouts could be known. Someone has kidnapped his son. This written information was written by Pradeep Kumar son of Virendra resident of Jaigera Sagarpur, P.S Rajpura, same was signed by the informant Ram Kishore. On this written information case crime no. 400 of 2016 was registered against unknown persons under Section 363 of I.P.C. The Investigating Officer after having concluded investigation filed charge-sheet against the accused Raju son of Ramveer resident of village Rora, P.S Dhaneri, District Sambhal under Section 364 of I.P.C in the court of concerned Magistrate.
(3.) The concerned Magistrate took cognizance on the charge-sheet and the offence been triable by the court of Sessions committed this case to the court of Sessions Judge for trial.