IMPORTANT POINT
The identification is only a part of the investigation and unless there are good reasons to doubt the proceedings the same cannot be rejected on mere suspicion that the accused might have been shown to the witnesses.

JUDGMENT

K. Jayachandra Reddy, J. - These three appeals arise out of a common judgment of Allahabad High Court. There are altogether seven appellants. They alongwith two others were tried for offences punishable under Sections 363, 364 and 365 read with 109, 368 and 386 read with 511 I.P.C. The trial court acquitted all of them. On an appeal by the State the High Court reversed the order of acquittal so far as the present appellants are concerned and convicted them under Sections 363 and 365 I.P.C. and sentenced each of them to undergo five years R.I. and they were also convicted under Section 364 I.P.C. and sentenced to undergo ten years R.I. Appellant Bissu was also convicted under Section 364 I.P.C. but he was sentenced to undergo imprisonment for life and he was further convicted under Section 386 I.P.C. and sentenced to undergo ten years R.I. The acquittal of the remaining two persons namely. Smt. Barfi and Ganga Prasad was confirmed. All the seven convicted accused namely Devi Ram, Har Charan, Radha Ballabh, Raghubir, Lalta Prasad, Bissu and Smt. Basanti have filed these three appeals.

2. The complainant Shyam Sunder, P.W.1 son of Mohan Lal is a resident of Mohalla Chuna Kankar in the city of Mathur. His son Lalit, aged about four years was during the relevant period a student of Gyandip School alongwith other children of the family. He used to go to the School by rikshaw and return by the same. On 26.9.1975 Lalit as usual had gone to the School with his sister and the cousins and returned home at about 12.30 P.M. At about 3.30 P.M. mother of P.W. l informed that Lalit was not traceable in the house and also he has not presented himself before the tutor who at that time was teaching other children in the ground floor hall of the house. On this P.W. l and other family members went in search of the boy. P.W. l gave information to the police Control Room which was recorded in the diary at about 5 P.M. The police searched at various places and also announcements were made on the loud speaker as well as on All India Radio and the newspapers. When all efforts failed they apprehended that the child was kidnapped. Thereupon P.W. 1 gave a written report on the basis of which a case was registered. P.W.l4 took up the investigation. He got the information on 6.11.1975 that P.Ws. 4, 5 and 10 had some know ledge of the facts relating to the kidnapping of the boy. P.W.14 recorded their statements which revealed that the child was kidnapped as a result of well-knit conspiracy. Accused Smt. Basanti was on visiting terms with the family of the complainant. On that day she was seen alongwith accused Radha Ballabh in the company of the missing boy at about 2.30 P.M. at the shop of Shankar Halwai on the outskirts of the Holi Gate. P.W. 2 Daya Shanker and one Jagmohan were eating kachauris in front of the said shop and they saw a woman and a man later identified as Smt. Basanti and Radha Ballabh coming to the said shop alongwith the boy and purchased 100 gms. of jalebi and gave the same to the boy. Thereafter they proceeded towards the lane leading to Antapara. The said two persons alongwith the boy reached the lane behind the temple. There P.Ws. 4 and 10 and one Gopal Jogi were present at the back stage of the temple and were talking. They saw three persons subsequently identified as accused Lalta Prasad, Raghuvir and Bissu, coming on a motor cycle and stopping there. Shortly they also saw a woman and a man with the boy and all the five of them had a talk amongst themselves. The woman asked the boy as to whether he would sit on the motor cycle and on the child responding affirmatively gave the boy to the person driving the motor cycle namely Lalta Prasad and told him to bring the boy after giving a ride. Thereafter the said three persons on the motor-cycle with the child proceeded towards Krishnapuri and Radha Ballabh and Smt. Basanti went towards the temple. According to the prosecution on the way the said persons riding the motor cycle w