(1.) These are two appeals both of which are directed against the judgment and order dated 29th June, 2001 passed by the learned Additional Sessions Judge in Sessions Case No. 59/1999. Both the Appellants were convicted of an offence of kidnapping a girl for ransom under Section 364A of the Indian Penal Code (for short IPC) read with Section 34 thereof and Section 365, that is, kidnapping or abducting a minor with intent to secretly and wrongfully confine such minor read with Section 34 of the IPC.
(2.) On the evening of 21st February, 1999, Richa, a girl who was then aged about 5 years, was playing along with some children in a vacant plot behind her father's house. Later in the evening, some children told Richa's father Santosh Aggarwal, PW-1 that his daughter had been taken away by someone. Santosh Aggarwal went to search for Richa and met a groundnut seller living in the neighbourhood by the name of Manish, PW-2 and he confirmed that two boys had taken Richa away.
(3.) On this basis, Santosh Aggarwal lodged a complaint with the police and investigations into an offence under Section 365 of the IPC were conducted by ASI Mohan Singh (PW-7) who took necessary steps but without any immediate or apparent success.
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