1. The present appeal has been filed by the appellant-Vikas under Section 374 Cr.P.C. against the judgment of conviction dated 03.07.2017 and order on sentence dated 07.07.2017 passed by learned Additional Sessions Judge, North District, Rohini Court, Delhi whereby the appellant has been convicted under Section 364A and 302 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/- and in default of payment of fine, to further undergo simple imprisonment for one year for the offence under Section 302 IPC; and to undergo life imprisonment and fine of Rs.10,000/- and in default of payment of fine to further undergo simple imprisonment for one year for the offence under Section 364A IPC.

2. The factual matrix emerging from the record is that on 15.06.2012, the complainant Rajbir came in the police station and got recorded his statement that he was residing on rent at B-97, Gali No.2, Raja Vihar, Badli Industrial Area, Delhi. On 14.06.2012, his son Raunak aged about 5 years went to the park to play but did not return back to his house. He was wearing red coloured vest, underwear and blue coloured slippers. Despite search, he could not be traced and he