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 brothers on 29.7.2001 around 2:30 p.m. At that time, the appellant Banti alias Firoz alias Sikandar son of Bhola alias Nasruddin who was friend of the informant’s brother in law and used to visit his house often in the past also, came to his house and enticed away his son Sunny on allurement of giving him cold drinks but did not return. On query being made from his (informant) brother in law, it transpired that the appellant Banti alias Firoz alias Sikandar was not available at home. The informant apprehended that his son may be killed. Sunny was seen in company with the appellant while being taken away by Dharmendra Soni and the two sons of the informant. It was prayed that report be lodged and action be taken. The written report is Ext. Ka-1.

4. Contents of the aforesaid information were taken down in the Check FIR on 30.7.2001 at 4:30 a.m. at aforesaid police station at Case Crime No. 361 of 2001 under Section 364 IPC. Check FIR is Ext. Ka-7. On the basis of entries so made in the check F.I.R., a case was registered in the relevant G.D. at serial No. 6 on 30.7.2001 at 04:30 p.m. at aforesaid case crime number at Police Station Kishanpur under aforesaid section of I.P.C. against appellant, which is Exhibit Ka-8.

5. The investigation ensued and was taken over by Veer Sahai Gautam PW-8. He, after recording statement of various persons, proceeded to the spot and inspected the spot and prepared site plan Ext. Ka-5. The Investigation was also conducted by another Investigating Officer Shashi Kant Verma PW-6. He has effected recovery of the victim on 11.8.2001 on the tip off information at 22:30 hours that some miscreants will pass through Etmadpur to Anandpur whereupon the police intercepted them in an encounter near Anandpur crossing where three persons were seen coming on motorcycle. Seeing the police, two persons fled away from the scene leaving behind one boy with blind folded eyes, the police chased the two miscreants but could not succeed. The police enquired from boy about his identity whereupon he told his name as Sunny son of Surendra Kumar Verma, aged about 14 years, then the police came to know that the boy is connected with the aforesaid Case Crime No. 361 of 2001. Memo of recovery was prepared on the spot. It was stated that because of sudden recovery at deserted place, no public witness could be availed. Recovery memo is Ext. Ka-3. The very day on 12.8.2001, the victim was given in the custody of the his father and custody memo was also prepared which is Ext. Ka-2. The Investigating Officer after completing other formalities filed charge-sheet Ext. Ka-4 against the appellant.

6. After filing of charge-sheet, committal proceeding took place and the trial Court was entrusted with the task of hearing and disposal of the concerned Special Sessions Tr