P.S. Teji, J.

1. The present appeals have been preferred by the convicts/appellants (hereinafter referred to as “the appellants”), namely, Ravinder @ Binda, Kamal Saxena, Bunty and Birjesh @ Birju to assail the judgment dated 14.08.2013-whereby the appellants have been convicted under Section 364-A read with Section 120-B IPC, and against the order on sentence dated 07.09.2013 whereby the appellants have been sentenced to rigorous imprisonment for life along with fine of Rs.10,000/- each, and in default of payment of fine, to further undergo one month simple imprisonment for the offence punishable under Section 364-A read with Section 120-B IPC. Three other co-accused viz. Ashok Kumar, Chetan and Shanu have been acquitted by the aforesaid impugned judgment.

2. The factual matrix emerging from the record, is that on the 11th of December, 2010 information was received at Police Station Saraswati Vihar about a child aged about 7 years going missing from H-334, JJ Colony, Shakarpur. The said information led to DD No.52-B being lodged. SI Sanjay Dahiya after reaching the spot tried to search the missing child along with Khempal (father) but their efforts went in vain. ASI Radhey Shyam also searched for the missing child and recorded the statement of Khem Pal. He informed that on 11.12.2010, at about 3 P.M. his son (Missing child ‘Y’) had gone to play along with his friends towards Bihari Chowk. One of his friends, namely Rahul, informed Khem Pal that his child had gone in a TSR along with two persons who were his tenants. The child had asked his friend to take his cycle back to his house. Khem Pal stated that Rahul returned the cycle, but his child did not return thereafter. Thus on the basis of this statement the subject FIR was instituted.

3. Khem Pal received a phone call on his mobile phone bearing number 9716774661 at about 9.07 AM on 12.12.2010, from a mobile number 8650546449. The caller informed Khem Pal not to worry, as his son-who was missing, was with him, and the phone line got disconnected. After some time Khem Pal again received a phone call from the same mobile number and he demanded a sum of Rs. 20-25 lacs for the release of his son. Khem Pal replied that he will not be able to pay such a huge amount. Khem Pal eventually agreed to pay the amount, and told the caller that he will sell his house to arrange the amount. He also requested the caller to make him talk to his son, to which the caller told that he will be allowed to talk to his son around 3:00-3:30 PM. The caller further threatened him that his son would be killed if he tried informing the police. Khem Pal immediately informed about the call to the Police and upon getting the details of the mobile number 8650546449 it was found that the said number was issued from Badayun.

4. Khem Pal again received a call at about 10.20 AM on 13.12.2010 on his mobile number from another mobile number bearing No. 8881029270. The caller inquired whether he had arranged Rs. 25 lacs. To this, Khem Pal replied that he had managed to arrange for the money. The caller thereafter told Khem Pal to come at Anand Vihar Bus Terminal (ISBT) to hand over the money and receive his son. The police was informed, and a police party was formed who instructed Khem Pal to take Rs. 60,000/- and other papers in a bag. Khem Pal along with police officer SI Sanjay Dahiya, Sandeep and five– six other police officials went to ISBT, but nobody came. A call was received from mobile number 8881029270 by Khem Pal, and the caller told him that Delhi Police was active and they will not receive the money at Delhi. Instead, he would receive the money at Rampur, UP. Khem Pal again informed the police, and a police team was constituted. Khem Pal, SI Sanjay Dahiya, Anand Gupta- relative of Khem Pal, and few other police officials went to Rampur, UP. The kidnapped child was eventually recovered from