Ahluwalia, J.--1. This Criminal Appeal under section 374(2) of CrPC has been filed against the judgment and sentence dated 8.6.2004, passed by Special Judge (M.P-D.V.P-K. Act), Bhind in Special Sessions Trial No. 53/2003 by which the appellants have been convicted under section 364A of IPC read with section 11/13 of M.P-D.V.P-K. Act, and have been sentenced to undergo the Life Imprisonment and a fine of Rs. 10,000/- with default imprisonment.

2. It is important to mention here that during the pendency of this appeal, the appellant No. 1 Santosh has expired and accordingly, the appeal filed by appellant No. 1 Santosh was dismissed as having abated.

3. The necessary facts for the disposal of the present appeal in short are that in the intervening night of 25-26 of January, 2003, Ramswaroop and Mullu were abducted by 5 unknown miscreants. In the morning, the complainant Harmukh lodged a Gum Insaan Report, accordingly, FIR in Crime No. 20/2003 for offence under section 364 of IPC was lodged. After the abductees were released, their statements were recorded. The appellants were arrested and after completing the investigation, the police filed the charge sheet against the appellant