The
Supreme Court has given a very important decision regarding the kidnapping
case. The Supreme Court has held that if the kidnapper did not assault the
kidnapped person, did not threaten to kill him and behaved decently with him,
then the kidnapper will not be punished with life imprisonment under Section
364A of the Indian Penal Code.
A
bench of Justices Ashok Bhushan and R Subhash Reddy made the observation while
setting aside the verdict of the Telangana High Court convicting an auto driver
accused in a kidnapping case. The auto driver had kidnapped a minor and
demanded a ransom of Rs 2 lakh from his father.
The
court said that in order to convict the accused under section 364A (kidnapping
and ransom), three things are required to be proved by the prosecution. He said
that these three things are - kidnapping or holding a person hostage,
threatening to kill or assaulting the kidnapper, doing something by the
kidnapper which gives rise to the apprehension that the government, any other
country, any The victim may be harmed or killed in order to pressurize a
government organization or to pressure another person to pay a ransom.
Referring
to the sentence of life imprisonment or death sentence under section 364A, the
court said that in addition to the first condition, the second or third
condition also has to be proved, otherwise one cannot be convicted under this
section.
The
top court was hearing the appeal of Telangana resident Sheikh Ahmed, challenging
the High Court order. The High Court had dismissed Ahmed's plea against the
conviction and sentenced him to life imprisonment under section 364A of IPC.
Auto
driver Ahmed kidnapped a Class VI student of St Mary's High School on the
pretext of dropping him home. When the child's father had gone to pay the
ransom, the police had rescued the child. This incident is of 2011 and then the
age of the victim was 13 years. The victim's father had told the trial court
that the kidnapper had never threatened to harm or kill the boy.
The
apex court quashed the conviction of Ahmed under section 364A. It said that the
offense of kidnapping has been proved and the appellant should be punished
under section 363 (punishment for kidnapping) which provides for imprisonment
up to seven years and fine. The court said that the appellant should be
sentenced to seven years imprisonment and a fine of five thousand rupees.
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Dr.
Deepak Miglani, Email id.:- legalbuddy@gmail.com
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