RAJU SHARMA Vs. STATE OF UP

JUDGEMENT

(1.) These three appeals arise from the judgment of conviction recorded in Session Trial No. 135 of 2007, dated 12.2.2009 by the Additional Sessions Judge, Fast Track Court No. 3, Ghaziabad. The three appeals have been filed by three different Appellants. The Appellants are convicted under Section 364A read with Section 34, I.P.C. and sentenced to undergo life imprisonment with a fine of Rs. 10,000 each.

(2.) The allegations levelled by the prosecution is that a young boy Rishabh aged about 4-5 years was found raising w.e.f. 15.9.2006 at 5 p.m. An information regarding gumshudagi was given at police station Sihani Gate, Ghaziabad by Sanjeev Kumar P.W. 2. The information was recorded in G.D. No. 21 time 9.40 dated 16.9.2006. The report in the G.D. is that the informant's son Rishabh did not come back till 5 p.m. on 15.9.2006. A detailed description of the missing child was given.

(3.) On perusal of G.D. entry No. 16, time 7.30 dated 4.10.2006 of police station Sihani Gate shows that the information of missing child was given at the police station on 16.9.2006 and the same is recorded.