JUDGMENT :

Sadhana S. Jadhav, J.

1. The appellant is convicted for the offence punishable under section 364-A of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 10,000/- i.d. to suffer further R.I. for one year by the learned Additional Sessions Judge, Nashik vide Judgment and Order dated 21st August, 2017 in Sessions Case No. 191 of 2016. The appellant is also convicted for the offence punishable under section 363 of the Indian Penal Code, but no separate sentence is awarded. Hence, this appeal.

2. Such of the facts necessary for decision of this appeal are as follows:

(i) On 10th April, 2016 one Sampat Baban Porje(P.W.1) lodged report at Upnagar Police station alleging therein that on 9/4/2016 at about 6.30 p.m. he was informed by his mother Tarabai that their servant Raju and his friend Ramkisan had taken his son Prasad aged 5 and half year old to buy chocolate and have not returned for long time. Hence, the complainant has searched for his son, but could not find him anywhere and therefore, he was constrained to lodge a report. It is stated in the FIR that he has also searched for Raju and Ramkisan. That on the basis of the said report, Cr