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5. The learned trial court convicted A-1 and A-2 for the offences punishable under Sections 120-B, 364A, 302, 201 read with Section 34 IPC. By a subsequent order, A-1 and A-2 were sentenced to death for the offences punishable under Section 364A read with Section 34 IPC and Section 302 read with Section 34 IPC on both offences. The learned trial court also convicted A-1 and A-2 for offences punishable under Section 120-B of IPC, to suffer imprisonment for life and to pay fine of Rs.10,000/- and for an offence punishable under Section 201 read with Section 34 IPC, A-1 and A-2 were sentenced to rigorous imprisonment for 7 years and to pay fine of Rs.5,000/-. It is the said order of the learned Sessions Judge which was affirmed by the High Court.

52. It was further argued that the disclosure statement in respect of articles said to be concealed in house of A-2 did not stand proved as his house was locked after 3rd September, 2014. Haribhau Dahake (DW-1), the landlord of the said house deposed that the family of A-2 had left the house on 3rd September, 2014 and did not return whereas the father of A-2 came to pay rent in October, 2014. It was also argued that an offence under Section 364A IPC is not made out against A-2 as the ransom call did not include a threat to life, which is a necessary ingredient of an offence under Section 364A IPC.

90. An argument was raised that the child was kidnapped for ransom but there was no intention to take life of the child, therefore, an offence under Section 364A is not made out. To appreciate the arguments, Section 364A of the IPC is reproduced as under:

“364A. Kidnapping for ransom, etc.—Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter- governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.”

91. Section 364A IPC has three ingredients relevant to the present appeals, one, the fact of kidnapping or abduction, second, threatening to cause death or hurt, and last, the conduct giving rise to reasonable apprehension that such person may be put to death or hurt.

92. The kidnapping of an 8-year-old child was unequivocally for ransom. The kidnapping of a victim of such a tender age for ransom has inherent threat to cause death as that alone will force the relatives of such victim to pay ransom. Since the act of kidnapping of a child for ransom has inherent threat to cause death, therefore, the accused have been rightly been convicted for an offence under Section 364A read with Section 34 IPC. The threat will remain a mere threat, if the victim returns unhurt. In the present case, the victim has been done to death. The threat had become a reality. There is no reason to take different view that the view taken by learned Sessions Judge as well by the High Court.