M.R. Shah, J.

1. Feeling aggrieved and having dissatisfied with the judgment and order of acquittal dated 29.9.2004 passed by learned Additional Sessions Judge, Fast Track Court, Gandhinagar in Sessions Case No. 12 of 2004 by which the learned trial Court has acquitted the respondents-original accused for the offences under sections 363, 364-A, 365 & 114 of the Indian Penal Code (IPC), the State has preferred the present Criminal Appeal under section 378 of the Code of Criminal Procedure (Cr.P.C).

2. As per the case of the prosecution, son of the complainant, namely, Jayeshbhai aged 12 years and prosecuting his studies in VII Std., was kidnapped at about 07.00 p.m. on 27.11.2000 when he was riding his by-cycle after returning from tuition. According to the case of the prosecution, while the victim Jayesh returning from tuition from Sector 19, Gandhinagar, accused came in a white Maruti Fronti Car and forcibly lifted victim Jayesh in the said Maruti Car and he was kidnapped. According to the prosecution, his eyes were wrapped with a bandage. According to the case of the