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3. By the said order, the High Court confirmed the order of conviction and sentence passed against Daya Singh for offences punishable under Sections 364A, 365, 343 read with 120B and 346 read with 120B Indian Penal Code (IPC). The said conviction was recorded by the Additional Sessions Judge (Fast Track) Category  1, Jaipur on October 20, 2004 in Sessions Case No. 26 of 2003. So far as Suman Sood is concerned, she was convicted by the trial Court for offences punishable under Sections 365 read with 120B, 343 read with 120B and 346 read with 120B IPC. She was, however, acquitted for offences punishable under Section 364A and in the alternative under Sections 364A read with 120B IPC. Her challenge against conviction and sentence for offences punishable under Sections 365 read with 120B, 343 read with 120B and 346 read with 120B IPC was negatived by the High Court. But her acquittal for offences punishable under Sections 364A read with 120B was set aside by the High Court in an appeal by the State and she was convicted for the said offence and was ordered to undergo imprisonment for life.

U/s. 343/120B IPC:

To suffer imprisonment for three years and fine of Rs.500/- in default to further suffer six months imprisonment.

U/s. 346/120B IPC:

To suffer imprisonment for two years.

The substantive sentences were ordered to run concurrently.

8. Accused Suman Sood was convicted as under U/s. 365/120B IPC:

To suffer imprisonment for seven years and fine of Rs.500/- in default to further suffer simple imprisonment for six months.

U/s. 343/120B IPC:

To suffer imprisonment for three years and fine of Rs.500/- in default to further suffer six months imprisonment.

41. Regarding identification of accused, both the courts have considered the evidence of prosecution witnesses and recorded a finding that identity of the accused was established beyond doubt. We are also satisfied that evidence of PW 9, victim Rajendra Mirdha was natural and inspired confidence. His evidence established that he was kidnapped in the morning of February 17, 1995 and he remained with the kidnappers up to the date of encounter on February 25, 1995, i.e. for eight-nine days. Obviously, therefore, his evidence was of extreme importance. It was believed by both the courts and we see nothing wrong in the approach of the courts below. It is true and admitted by the prosecution witnesses that the photographs of the accused were shown on television as also were published in newspapers. That, however, does not in any way adversely affect the prosecution, if otherwise the evidence of prosecution witnesses is reliable and the Court is satisfied as to identity of the accused. Even that ground, therefore, cannot take the case of the appellants further. It is thus proved beyond doubt that the accused had committed offences punishable under Section 343 read with 120B, IPC as also under Section 346 read with 120B, IPC.

43. From the above discussion and findings recorded, in our considered opinion, neither the trial Court nor the High Court has committed any error in convicting appellant-accused Daya Singh for the offences punishable under Sections 365, 364A, 343/120B and 346/120B, IPC.

SUMAN SOOD

44. So far as Suman Sood is concerned, it may be stated that the trial Court did not convict her for any offence independently. She was convicted for offences punishable under Sections 365/120B, 343/120B and 346/120B, IPC.