JUDGMENT

NAVIN SINHA, J.

The appellant assails his sentence and conviction under Section 364(A) I.P.C to rigorous imprisonment for life with a default stipulation. Co-accused Balram convicted by the Trial Court has been acquitted by the High Court. Consequently, the appellant has been acquitted of the charge under Section 120B I.P.C.

2. The victim, according to the prosecution case was a school going child aged about 5-6 years. According to the allegations, he is said to have been kidnapped from the school on 12.04.2007 at about 12:15 pm. by the co-accused Balram. The appellant and the co-accused were last seen together along with the victim. In their confessional statement both the accused disclosed that after kidnapping the child they had killed him and buried the corpse in the bed of river Saryu at Chhapra. The police did not make any effort to recover the body. The belongings of the deceased victim were recovered from the house of the appellant.

3. Learned counsel for the appellant submitted that according to PW-10, the classmate of the deceased, co-accused Balram had kidnapped him from the school. PW-11 and PW-12, the parents of the victim had further deposed that ransom calls wer