JUDGMENT

Usha Mehra, J. - Netra Pal and Harish Chand were booked under Sections 363/364-A/365. Indian Penal Code OPC) by Police Station Vivek Vihar vide FIR No. 227/94. Harish Chand since could not be traced therefore, was declared proclaimed offender. However, trial was conducted against this appellant. After the conclusion of the case the learned Additional Sessions Judge convicted the appellant Netra Pal for offence of kidnapping for which he was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 300/- In default of payment of fine to further undergo rigorous imprisonment for 15 days. He has also been convicted for offence under Section 364-A and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 300/-. In default of payment of fine to further undergo rigorous imprisonment for 15 days. Also convicted under Section 365, IPC and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 300/-. In default of payment of fine rigorous imprisonment for 15 days. All the sentences have to run concurrently.

2. Mr. Saurabh Banerjee, Amicus Curiae for the appellant, at the outset said that so far as case of prosecution