Hon’ble Arvind Kumar Mishra-I, J.—By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 22.9.2010 passed by the Special Judge (DAA) Agra, in Special Sessions Trial No. 111 of 2001 State of U.P. v. Banti alias Firoz alias Sikandar and others, arising out of Case Crime No. 361 of 2001, under Section 364A IPC, Police Station-Etmaddaula, District-Agra whereby the appellant Banti alias Firoz alias Sikandar has been sentenced to life imprisonment coupled with fine Rs. 20,000/- under Section 364A IPC, with default stipulation for six months’ additional simple imprisonment.

2. Heard Shri Samit Gopal, learned Amicus curiae for the appellant, Shri Saghir Ahmed, Shri J.K. Upadhyay, Kumari Meena, Smt. Manju Thakur, learned AGAs for the State and perused the record.

3. The prosecution story as unfolded through the record reflects that the informant Surendra Kumar Verma lodged the written report on 30.7.2001 at 4:30 a.m. against the appellant involving element of crime under Section 364 IPC with specific allegations that his son Sunny aged about 14 years was playing in his room alongwith his two brother