Mr. Rakesh Kumar Jain, J.: - We are disposing of two appeals bearing CRA No.683-DB of 2009 filed by Vijay son of Puran Singh, Ram Charan son of Jagga Ram and Seema wife of Vijay and CRA No.740-DB of 2009 filed by Panna Lal son of Deen Dayal and Sanjeev @ Sanju son of Ashok, against the order of the trial Court dated 4.5.2009 by which Panna Lal, Sanjeev @ Sanju, Seema and Vijay have been convicted for commission of offence punishable under Sections 364-A, 365 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’) and Ram Charan has been convicted for the offence punishable under Section 368 IPC.

2. All the appellants except Ram Charan have been sentenced for rigorous imprisonment for life alongwith fine of Rs.2500/- each for the offence under section 364-A IPC and to further undergo imprisonment for a period of three months in case of non-payment of fine. All the appellants except Ram Charan have been sentenced for rigorous imprisonment for four years alongwith fine of Rs.2000/- each for the offence under section 365 IPC and to further undergo imprisonment for a period of two months in case of nonpayment of fine and appellant Ram Charan has been sentenced for rigorous imprisonment for life alongwith fine of Rs.2500/- eachfor the offence under section 368 IPC and to further undergo imprisonment for a period of three months in case of non-payment of fine. All the sentences are ordered to run concurrently and the period of detention already undergone by them during investigation and trial was ordered to be set off towards the aforesaid sentence of imprisonment.

3. The law was set into motion on a complaint of Abid Hussain son of Navi Hussain (Ex.PA) on the basis of which a formal FIR No.198 dated 27.8.2007 under Sections 364-A/365/368/34 IPC was registered at Police Station Old Faridabad (Ex.PA/1).

4. According to the FIR, the complainant is a resident of H.No.249, Gali No.4, Baselwa Colony, Old Faridabad and his daughter Mehrunessa, who was married with Parvez Alam about 8/9 years ago, resident of Nahar Par, Jeewan Nagar Faridabad, having two children, a daughter and a son, namely, Salman, aged about 5½ years, was living with him for the last four years as she had filed a case against her husband for maintenance. The third floor of his house was occupied from the last two months by his tenant Vijay (appellant) aged about 25/26 years and Seema (appellant) aged about 20/22 years, who belongs to Jhansi. Vijay was working as barber at Lovely Hair Dresser. On 27.8.2007, Seema told his daughter that she is going to purchase rakhee and asked her to send Salman with her. Her daughter sent Salman with Seema but after waiting for long time when Seema did not turn up, the matter was brought to his notice on which the complainant went to the shop of Lovely Hair Dresser but even Vijay was not present there. He suspected that Vijay and his wife Seema had kidnapped his grandson Salman, wearing white shirt and white nikker.

5. The investigation was taken up by the CIA staff, Faridabad. During the course of investigation, on 29.8.2007, Ravi Hussain (PW3) brother of Mehrunessa (PW2) received a call on his mobile No.09213622131 from mobile No.09919436147 belonging to Vijay, who demanded a sum of Rs.25 lacs towards ransom in order to release the kidnapped child Salman and asked him to bring the money to Jhansi. Ravi Hussain (PW3) along with the police party started for Jhansi but on the way he informed Vijay (appellant) that his vehicle is out of order and he would reach Gol Chowk, Gawalior on 31.8.2007.

6. According to the prosecution, Vijay (appellant) along with appellants Sanjeev @ Sanju and Panna Lal, was present at Gol Chowk, upon the signal of Ravi Hussain to the police, they were apprehended and on their personal search, recovered mobile No.09919436147 from the possession of Vijay, mobile No.9335274526 from the possession of Panna Lal and mobile No.9936928787 from the possession of Sanjeev @ Sanju, which were taken i