JUDGMENT 1. - In this case, 5 accused persons were tried for offences under sections 302, 201 & 366. IPC. All the 5 accused persons were acquitted of the charges. The trial Court did not record a finding that there are any circumstances establishing the ingredients of offences under sections 302, 201 & 365 IPC against the accused persons. However, the trial Court was of the opinion that the deceased had been taken away by the accused-Pema, the former husband of the deceased-Alkhi and, therefore, the accused can be convicted for a lesser offence under section 366 1PC i.e. 365 1PC. The appeal was preferred by all the 5 accused persons. During the pendency of the appeal, appellant No. 1-Pema and appellant No. 3-Bheriya died. Therefore, the appeal of Perna husband of the deceased and accused-Bheria abates. The present appeal is decided only in relation to accused-appellants-Devji, Kaliya and Rajanga. Against these accused-appellants, the learned Public Prosecutor was asked a pointed question as to what is the evidence available on record which suggest that they kidnapped the deceased with intent to wrongfully confine her. The learned Public Prosecutor has not been able to show any evidence on record which indicates that any of these appellant was responsible for secretly and wrongfully confining the deceased. In the absence of any evidence, no conviction can be recorded against the accused-appellants. In this view of the matter, the conviction recorded against the accused-appellants by the learned trial Court under section 365 IPC is not sustainable. 2. Consequently, the appeal succeeds. The conviction and sentence recorded against the accused-appellants under section 365 IPC is set aside. The accused persons are present in Court. They are set at liberty.Appeal allowed. *******