JUDGMENT

S.B. Sinha, J. - Interpretation and application of Section 31 of the Criminal Procedure Code, 1973 is involved in this appeal, which arises out of a judgment and order dated 3rd February, 2004 passed by a learned Single Judge of the Madhya Pradesh High Court at Jabalpur in Criminal Appeal No.2665 of 1998.

2. In view of the question involved herein, we need not dilate on the factual matrix of the matter in great details. Suffice it say that the appellant herein was proceeded against in a case involving kidnapping of two boys – Sudhir Kumar and Sushil Kumar, aged about 10 to 12 years. They were sons of Ramakant Katiyar (P.W.6). They had gone to attend school at about 7.30 in the morning of 29th December, 1994. They were to return at about 1.30 p.m., but, when they did not return till 5.30 p.m., a search for them was made. After the informant came back home, he was informed by his wife that one of the classmate of the boys, namely, Gulabchandra Gour (P.W.7), had delivered his school bag informing that Satyendra (P.W.10) had asked him to do the same. P.W.6 went to the house of Satyendra to make inquiries about his son and came to learn that victim Sudhir Kumar had come to hi