( 1 ) NETRA Pal and Harish Chand were booked under Section 363/364-A/365 indian Penal Code (Indian Penal Code) 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. 00. 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. 00. In default of payment of fine to further undergo rigorous imprisonment for 15 days. Also convicted under Section 365 Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 300. 00. In default of payment of fine rigorous imprisonment for 15 days. All the sentences have to run concurrently.

( 2 ) MR. SAURABH Banerjee, amicuscuriae for the appellant, at the outset said that so f