Kidnapper cannot be sentenced for life if he treats victim well: SC


PTI, Jul 1, 2021, 4:50 PM IST

If an abducted person is not assaulted or threatened to be killed and treated well, then the kidnapper cannot be sentenced to life imprisonment under Section 364A of Indian Penal Code, the Supreme Court has said.

A bench of Justices Ashok Bhushan and R Subhash Reddy made the observation while setting aside the conviction of an auto driver in Telangana who had kidnapped a minor and demanded a ransom of Rs 2 lakh from his father.

The top court said that there are three essential ingredients to convict an accused under Section 364A (kidnapping for ransom) which need to be proved by prosecution.

It said the three essential ingredients are — kidnapping or abduction of any person or keeping him in detention; threatening to cause death or hurt to such person, or the kidnapper’s conduct gives rise to a reasonable apprehension that victim may be put to death or hurt in order to compel the Government, foreign State or any Governmental organization or any other person to pay a ransom.

Referring to the punishment of life or death sentence provided for convictions under Section 364A, the top court said, “In addition to the first condition either condition (ii) or (iii) has to be proved, failing which conviction under Section 364A cannot be sustained.”

The top court was hearing an appeal filed by Telangana resident Shaik Ahmed challenging a high court order.

The high court had dismissed his plea against conviction and sentence of life imprisonment under section 364 A of the IPC.

Ahmed, an auto driver had kidnapped a Class 6 student of St Mary’s High School on the pretext of dropping him home.

The child was rescued by police when the child’s father went to pay the ransom.

The child, who was 13 years old at the time of incident in 2011, and his father had told the lower court that Ahmed never threatened to kill or harm the boy.

The top court set aside the conviction under section 364 A of the IPC.

“From the evidence on record regarding kidnapping, it is proved that accused had kidnapped the victim for ransom, demand of ransom was also proved. Even though offence under Section 364A has not been proved beyond reasonable doubt but the offence of kidnapping has been fully established to which effect the learned Sessions Judge has recorded a categorical finding.

“The offence of kidnapping having been proved, the appellant deserves to be convicted under Section 363(Punishment for kidnapping). Section 363 provides for punishment which is imprisonment of either description for a term which may extend to seven years and shall also be liable to fine,” the bench said.

The apex court said that it is satisfied that the appellant deserves to be sentenced with imprisonment of seven years and also liable to pay fine of Rs 5,000.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Of mothers and sons: Sonia, Rahul bond captured on camera

California Sikh family’s murder: Sherrif says “special place in hell” for suspect

ED turned down plea for exemption from appearance: Cong leader Shivakumar

Threats to Mukesh Ambani’s family: One held from Bihar

Will respond to Rahul Gandhi’s letter on injured elephant on humanitarian grounds: CM

Ind vs SA: Start of first ODI delayed due to rain

Shivamogga: Earthquake tremors felt in Shiralakoppa; screenshot goes viral


Related Articles More

3 boys die, 11 hospitalised over suspected food poisoning in TN

Crowd at Shinde’s rally showed which is real Shiv Sena: Fadnavis

Soon, passengers can fly with their pet dogs, cats on Akasa Air

Five more bodies recovered from Uttarkashi avalanche site: Nehru Institute of Mountaineering

Threats to Mukesh Ambani’s family: One held from Bihar

MUST WATCH

Uchila Dasara 2022 : Final Preparation for Precession

Bharath Judo : Rahul Gandhi Speach in Rain

Day 8 | Mahagauri

Sarapady Devadas Special Video.

Day 7 | Goddess Kalratri


Latest Additions

3 boys die, 11 hospitalised over suspected food poisoning in TN

Crowd at Shinde’s rally showed which is real Shiv Sena: Fadnavis

Soon, passengers can fly with their pet dogs, cats on Akasa Air

Drugs case: HC cancels bail of Nigerian absconding for 5 years

Five more bodies recovered from Uttarkashi avalanche site: Nehru Institute of Mountaineering

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.