(1.) ARSHAD @ Aman, Madhukar Singh and Sajid Abbas @ John assail the judgment dated October 16, 2012 convicting them for offences punishable under Sections 363/364A/347/34 IPC and Madhukar Singh for offence under Section 212 IPC as well. They also challenge the impugned order dated November 27, 2012 whereby they have been directed to undergo imprisonment for life and a fine of Rs. 10,000/ - each and in default of payment of fine to undergo simple imprisonment for 6 months each for offence punishable under Section 364A/34 IPC; rigorous imprisonment for a period of 5 years each and a fine of Rs. 3000/ - each and in default of payment of fine to undergo simple imprisonment for 3 months for offence punishable under Section 363/34 IPC; rigorous imprisonment for a period of 3 years each and a fine of Rs. 5000/ - each and in default of payment of fine to undergo simple imprisonment for 3 months each for offence punishable under Section 347/34 IPC. Madhukar Singh has been directed to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo simple imprisonment for 3 months for offence punishable under Section 212 IPC.
(2.) EVEN the State had also sought a leave to appeal against the acquittal of Durga Singh @ Kakaji which was granted and thus the said appeal has also been heard. The State is aggrieved by the acquittal of Durga Singh of all the charges framed against him.
(3.) LEARNED APP assails the judgment to the extent of acquittal of Durga Singh on the ground that merely because Durga Singh was not arrested from the spot from where the child was recovered and was arrested later on, he has been acquitted. Naushad the victim had duly identified Durga Singh as the person in whose house he was kept for two days.