judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding conviction of the appellant for offence punishable under Section 364A of the Indian Penal Code, 1860 (in short the IPC) as recorded by the learned Additional Sessions Judge, Panipat.

3.By the impugned common judgment two Criminal Appeal Nos.255 and 307 of 2001 were disposed of. Ten persons including one Virender who was declared a proclaimed offender were sent for trial. After trial all the accused except Virender, whose presence the investigating agency was not able to secure during trial were convicted under Section 364-A of IPC. They were convicted for offence punishable under Section 364-A IPC and sentenced to imprisonment for life and a fine of Rs.1,000/- with default stipulation.

4.Prosecution version as unfolded during trial is as follows:

Amit Kumar son of Madan Mohan (PW 2) was aged 9 years and on the date of the incident i.e. 29.5.1996 was studying in class III. He used to live with his father in House No.212 Old Housing Board Colony, Panipat at a distance of about 100 yards from Salarganj Gate, Panipat. At about