JUDGMENT :

Ajai Kumar Srivastava-I, J.

1. By means of the instant appeals, the appellants have assailed the judgment and order dated 27.09.2007 passed by the learned Additional Sessions Judge (Fast Track Court), Court No.4, Lucknow in Sessions Trial No.319 of 1999 arising out of Case Crime No.205 of 1997, under Sections 363, 368 and 364A of the Indian Penal Code (hereinafter referred to as “I.P.C.”), Police Station Aminabad, District Lucknow whereby the appellants, namely, Pankaj Mohan Srivastava and Neeraj Mohan Srivastava (in Criminal Appeal No.2585 of 2007) have been convicted and sentenced for five years’ rigorous imprisonment with a fine of Rs.4,000/- each for the offene under Section 363 I.P.C. and in default of payment of fine, they have further been directed to undergo for a period of six months’ additional rigorous imprisonment. They have also been convicted and sentenced for life imprisonment with a fine of Rs.10,000/- each for the offence under Sections 364A & 368 I.P.C. and in default of payment of fine, a separate recovery proceeding has been directed to be initiated against them. All the sentences were directed to run concurrently except the recovery of fine. The appellant- Rajit Ram Verma (in Criminal Appeal No.2809 of 2007) has been convicted and sentenced for five years’ rigorous imprisonment with a fine of Rs.4,000/- for the offene under Section 363 I.P.C. and in default of payment of fine, he has further been directed to undergo for a period of six months’ additional rigorous imprisonment. He has also been convicted and sentenced for life imprisonment with a fine of Rs.10,000/- for the offence under Sections 364A and 368 I.P.C. and in default of payment of fine, a separate recovery proceeding has been directed to be initiated against him. All the sentences were directed to run concurrently except the recovery of fine. The appellant, namely, Rajesh (in Criminal Appeal No.2366 of 2007) has been convicted and sentenced for five years’ rigorous imprisonment with a fine of Rs.4,000/- each for the offence under Section 363 I.P.C. and in default of payment of fine, he has further been directed to undergo for a period of six months’ additional rigorous imprisonment. He has also been convicted and sentenced for life imprisonment with a fine of Rs.10,000/- for the offence under Sections 364A and 368 I.P.C. and in default of payment of fine, a separate recovery proceeding has been directed to be initiated against them. All the sentences were directed to run concurrently except the recovery of fine.

2. Since the aforesaid criminal appeals have been preferred against the impugned judgment and order dated 27.09.2007 passed in Sessions Trial No.319 of 1999 arising out of Case Crime No.205 of 1997, under Sections 363, 368 and 364A I.P.C., Police Station Aminabad, District Lucknow, therefore, they have been heard together and are being decided by a common judgment.

3. The prosecution case, in brief, is that a written report, Ext.-Ka-1 came to be lodged at Police Station Kotwali Qaiserbagh by the first informant, Rajendra Kumar Gupta stating therein that his son, Udit alias Vasu, aged about 4 years, a student of Class- Nursery, had gone to his school, Saint Teressa Day School, Naya Gaon, Lucknow. When the first informant went to bring his son back to home, he came to know that someone else had taken his child away from the school.

4. On the basis of aforesaid written report, Ex. Ka-1, Case Crime No.NIL/1997 came to be registered under Section 363 I.P.C. at Police Station Qaiserbagh against unknown persons. However, since the matter pertained to territorial jurisdiction of Police Station Aminabad, therefore, original written report and F.I.R. which were initially registered at Police Station Qaiserbagh were sent to Police Station Aminabad where it came to be registered as Case Crime No.205 of 1997 under Section 363 I.P.C.

5. According to the recovery/arrest memo, Ex. Ka-2, the victim, Udit alias Vasu was recovered on 26.12.1997 from