1. The present appeal has been filed by the appellant against the Judgment and Order dated 25 July 2012 passed by the learned Additional Sessions Judge, Borivali Division, Dindoshi, Goregaon, Mumbai in Sessions Case No.138 of 2011 arising out of C.R. No.148 of 2011 registered at Dindoshi Police Station, thereby convicting the appellant under Section 363 of the Indian Penal Code and sentenced to suffer R.I. for a period of 5 years and to pay fine of Rs.20,000/-, in default of payment of fine to suffer further R.I. for a period of 3 months. By this appeal, the appellant has questioned the correctness of the said conviction and sentence awarded by the impugned judgment and order dated 25.7.2012. The Appellant was originally charged under Section 363, 364-A, and 342 of the Indian Penal Code. The Court of Sessions by the present impugned judgment and order dated 25.7.2012 acquitted the Appellant from the charges punishable under Sections 364-A and 342 of the Indian Penal Code. The co-accused namely Khalim Faiyaz Shaikh (Khalim) is absconding since 21.4.2011 and therefore the present Appellant was alone tried in the present sessions case.

2. The facts which are enumerated from the record of the present appeal can briefly be stated as under:

(i) On 20.4.2011, Police Sub-Inspector Shri Shelke, then attached to Dindoshi Police Station, registered a complaint bearing no.28/11 which was filed by PW-1 Anwar Khan Abdul Wahid Khan about missing of his son by name Sufiyan aged about 3 and ½ years. Subsequent to the lodging of the said complaint of missing of child, the mother-in-law of the complainant received phone calls from unknown person thereby claiming that the son of the complainant was in his custody and threatened of dire consequences if the said fact is disclosed to anybody. The complainant thereafter immediately informed the said fact to the police, of Dindoshi Police station and it recorded the detailed statement of the complainant (PW-1) on 20.4.2011. On the basis of the said statement which was treated as first information report, C.R. No.148 of 2011 under Sections 363, 364-A, 341 and 342 read with Section 34 of the Indian Penal Code was registered at Dindoshi Police Station, Mumbai. Initially, Assistant Police Inspector Shri Shelke has recorded the statements of the complainant and other witnesses. The investigation was transferred to Assistant Police Inspector Smt. Jyoti G. Bagulbhople. Assistant Police Inspector Smt. Jyoti Bagulbhople recorded the supplementary statement of the complainant.

(ii) PW-10 Assistant Police Inspector Shri Ranaji S. Khade on 20.4.2011 was attached to Dindoshi Police Station as PSI. On 20.4.2011 when he was on duty, Police Inspector of the Dindoshi Police Station informed him and the other staff, that a case of kidnapping of a child by name Sufiyan has been registered with the said Police Station. Therefore, the staff members of Dindoshi Police station formed groups to search the kidnapped child Sufiyan. The complainant accompanied the police team and proceeded to Sakinaka by car. The complainant after reaching to Sakinaka contacted the present Appellant who, inter alia, informed the complainant that he knew about the child Sufiyan and therefore the present Appellant was apprehended on the basis of suspicion by the police. During enquiry it was revealed that the child Sufiyan was taken to Silvasa, State of Gujarat by the absconding accused Khalim. During further enquiry it was revealed that the absconding accused Khalim from his mobile phone number 8291861682 had contacted the appellant on his mobile bearing no.9321572057 on two occasions. From the said mobile number 8291861682, the mother-in-law of the complainant namely Mumtz Begum Nisar Ahmed Khan had received a call from an unknown person thereby informing him that the child namely Sufiyan was in the custody of the said person and had extended threats. This fact has been mentioned by the complainant (PW-1) in his First Information Report