Nagu, J.--1. The present appeal questions the legality, propriety and validity of the judgment of conviction dated 26.12.2007 rendered by Special Judge MPDVPK Gwalior in S.T. No. 37/2007 convicting the appellant for the offence punishable under section 364 A r/w 120 B of IPC for life imprisonment and fine of Rs. 1000/- with default clause with further conviction and sentence rendered under section 365 r/w 120 B of IPC for five years R.I. and fine of Rs. 500/- with default clause. The Court below despite finding the appellant guilty of the offence under section 11/13 MPDVPK Act did not impose any separate penalty since life imprisonment was already imposed for offence under section 364A of IPC. All sentences were directed to run concurrently.

2. The facts in nutshell are that the complainant Dashrath PW1 along with his companions Munna Dhobi, Kalicharan, Hukum Singh and Babulal Rawat orally informed the police that in the night intervening 26th March, 2004 and 27th March 2004, his brother Lokendra (PW8) alongwith Munna Dhovi (PW5), Kalicharan (PW3), Pajan Singh (PW2) and Vrindavan Baghel (PW4) had gone to the agricultural field of Kashiram Baghel village Pabaya for repairing of electric light. While repairing light, they noticed that 5-6 persons armed with firearms were sitting in the house near the agricultural field. These gun wielding persons namely Dayaram, Rambabu Gadariya, Harsi, Prakash Gadariya, Rajapur, Sobran, Baiju Gadariya Nandpur Amola and two other persons surrounded the complainant and his companions. The report disclosed that these persons were wielding firearm and one who had covered his face was wielding Lathi. These miscreants warned that if any one moves, he will be shot. These miscreants asked the name, address and details of property of the persons surrounded and took them to the Dera where they also abducted Arjun Singh (PW7) (brother of complainant) which was followed by abduction of Jasvant Singh (PW6), Maheep Singh (PW10), Kallu alias Kalyan Singh (PW9). Thereafter in the house of Babulal, these miscreants gave fist and kick blows to the abductees leading to abductees creating ruckus. The miscreants also thereafter took the abductees at gunpoint to the jungle near Bhoomeshwar Temple. The miscreants were calling each other by names enabling the abudctees to gain knowledge of the names of miscreants. The miscreants released from their captivity Munna Dhobi, Kalicharan Dhobi and Virndavan Baghel and asked them to convey massage that ransom money should be paid for ensuring release of abductees. The offence accordingly was registered by the police. Statements of witnesses were recorded. Requisite formalities of investigation were completed. The miscreants Atar Singh, Babulal, Kalyan and Ramjilal were arrested on 29.3.2004. On 30th April, 2004 abductees Pajan Singh, Lokendra Singh, Jaswant, Arjun, Kallu alias Kalyan Singh were recovered. On disclosure made by the accused Kashiram, Lal Singh and Maharaj were arrested on 29.3.2004 which was followed by arrest of Kalyan and Uttam on 4.4.2004. Appellant Baiju alias Vijay who was in custody in connection with some other offence could not be arrested in the present case. However, against the said arrested co-accused charge-sheet was filed, trial was conducted and judgment was rendered on 2.1.2006. Thereafter, accused was normally arrested since he was already in custody in connection with some other offence and supplementary charge-sheet was filed against them. Charges under section 364A IPC in the alternative 120 B r/w section 364 A, section 365 in the alternative section 120 B r/w section 365 r/w section 13 of MPDVPK Act.

2.1 The appellant abjured guilt and sought trial. In his statement under section 313 CrPC appellant alleged false implication but did not produce any defence witness.

3. After hearing learned counsel for the rival parties, this Court is of the considered view that threadbare analysis of all the abductees who turned hostile except PW9 K