( 1 ) TWO persons Murari Lal and Inder Singh were challaned under Sections 365 and 392 Indian Penal Code Inder Singh absconded during trial. The appellant Murari Lal was convicted by the learned Additional Sessions Judgeon 16-4-1981 under Section 392 read with Section 397 I. P. G. By a separateorder of the same date, he was sentenced to rigorous imprisonment for sevenyears. He was acquitted of the charge under Section 365 because there wasno evidence to show that Murari Lal had an intention to kidnap Rakeshkumar in order to secretly and wrongfully confine him.

( 2 ) BRIEFLY, the case of the prosecution is that Jagdish Prasad Mittalcomplainant (PW 4) of Mittal Metal Corporation along with Rakesh Kumarsinghal (PW 9) went from his shop in Sadar Bazar to M/s Bhanwar Lal andbros. Pataudi House, Darya Ganj, Delhi, in an Ambassador car DHG 852driven by accused Inder Singh. Jagdish Prasad collected Rs. 50,000. 00 fromthe said firm and put them in two brown paper bundles. He handed overthe bundles to Rakesh Kumar and asked the driver to carry him to his house. This occurred at about 12. 45 pm. on 20-8-1979. After sometime Jagdishprasad checked at his house but found that Inder Sin