JUDGMENT

R.K.Gauba, J.—The appellant stood trial (in sessions case no.103/1996) in the court of Additional Sessions Judge, Delhi, on the charge that he, in furtherance of intention shared with three others (including co-accused Ramdin son of Shobha Ram), had kidnapped two minor sons of the first informant Ram Gopal Sharma (PW7) at about 08:00 AM on 19.11.1993, on way between their residence WZ-81, Guru Nanak Nagar and MCD Primary School, Keshopur, within the jurisdiction of police station Tilak Nagar and, thereafter, kept them in detention till 08.12.1993, threatening to cause their death, thereby giving rise to apprehension in the mind of their father in order to compel him to pay ransom demanded in the sum of Rs.3 lakh and thereby having committed the offence punishable under Section 364-A read with Section 34 of Indian Penal Code, 1860 (“IPC”). Two of the said accomplices were never arrested, while Ramdin son of Shobha Ram died midway the trial on 18.11.1996.

2. By judgment dated 04.10.1999, the trial court found the appellant guilty, as charged and, thus, convicted him. By order dated 07.10.1999, imprisonment for life with fine of Rs.10,000/- was awarded as sentence, with benefit of Section 428 of the Code of Criminal Procedure, 1973 (“Cr.P.C”).

3. This appeal was presented seeking to assail the aforementioned judgment and order on sentence. On his application, the sentence was suspended and the appellant was released on bail, pending consideration of the appeal by order dated 06.08.2002, modified by order dated 26.02.2003.

4. When the appeal came up for hearing, in its turn, neither the appellant nor his counsel would appear. Processes issued including to the surety could not secure his presence. Against this backdrop, suitable directions were given by order dated 29.10.2015 for open ended non-bailable warrant to be issued for arrest and production of the appellant. On our request, Delhi High Court Legal Services Committee has appointed Mr. Biswajit Kumar Patra, as amicus curiae to assist the court on behalf of the appellant.

5. We have heard arguments and have gone through the record in entirety.

6. The two children whose kidnapping for ransom is the subject matter of the case at hand were examined at the trial as PW1 and PW2. At the time of the alleged incident, they were 8 years and 5 years old respectively. They were living at the relevant point of time under the care and custody of their father Ram Gopal Sharma (PW7). Their paternal grandmother (i.e. mother of Ram Gopal Sharma) Anar Kali (PW6) also lived under the same roof. It is she who had taken the children to their school on the morning of 19.11.1993, immediately whereafter the children went missing. The appellant is close relative of the family, he being brother of Anar Kali (PW6). Pertinent to note here that the evidence adduced during the trial brought out, and the appellant would not deny, that on account of close relationship, he had been visiting the family and was well known by face and name to the children (PW1 and PW2) as well.

7. There is substantial evidence brought on record to prove that the children (PW1 and PW2) were kidnapped sometime around 08:00 AM on 19.11.1993, after their grandmother (PW6) had left them at their school (MCD Primary School, Keshopur), not far from their residence (WZ-81, Guru Nanak Nagar), both falling within the jurisdiction of police station Tilak Nagar. That day being declared a holiday, and the school was closed, had escaped the notice of the family, in general, and of the grandmother (PW6), in particular. She seems to have escorted the children upto the school in routine and left them in the company of other school children playing in the area and, thereafter, returned home. Since the children did not return, their father (PW7) went to enquire and found it to be a closed day. Since he could not locate the children, he went to the local police post (Tilak Vihar) and lodged missing report (DD no.15). Efforts made to trace