JUDGMENT

Prafulla C. Pant, J.

Leave granted.

2. This appeal, by special leave, is directed against judgment and order dated 5.11.2012, passed by the High Court of Judicature at Patna, whereby the conviction of the accused-appellant Motilal Yadav recorded under Section 364A read with Section 34 and Section 120B read with Section 364A IPC by learned Additional Sessions Judge, ETC III, Bhagalpur, in Sessions Case No. 1053 of 2003/Trial No. 12 of 2004, is affirmed. The accused-appellant, along with other co-accused, has been convicted and sentenced to imprisonment for life and directed to pay fine of Rs.5,000/-under Section 364A read with Section 34 IPC, and further sentenced to imprisonment for a period of two years under Section 120B read with Section 364A IPC.

3. Heard learned amicus curiae for the appellant and learned counsel for the respondent.

4. Prosecution story in brief is that PW-6, Subhash Chandra Singh, gave a written information at Police Station, Kahalgaon, on 23.4.2002 at 8.05 a.m. that his grandson Sagar Kumar (PW-5) has been kidnapped. The informant narrated in the written report that the victim (Sagar Kumar), aged six years, along with his sister PW-4 Riya Kumari, aged