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Showing contexts for: kidnapping case in Ashish Uppal @ Ashu vs State Govt. Of Nct Of Delhi on 10 July, 2017Matching Fragments
24. Learned APP for the State further contended that the victim had no ulterior motive to name all the accused for Kidnapping the victim for ransom. The victim attributed specific roles to each of the accused persons before the trial Court in the offence of Kidnapping. It was further stated that in the instant case, the testimonies of the PW1 and PW4 are corroborated in material particulars by other public and police witnesses.
Crl.A. 58/2011, 1240/2011, 27/2011, 1422/2010, 1384/2013 & 890/2012 Page 13 of 4531. In Vishwanath Gupta Versus State of Uttarakhand: 2007 (11) SCC 633, the Supreme Court observed that to prove the offence under Section 364A, three facts are required to be established. The Supreme Court held as under:
"9. The important ingredient of Section 364-A is the abduction or kidnapping, as the case may be. Thereafter, a threat to the kidnapped/abducted that if the demand for ransom is not met then the victim is likely to be put to death and in the event death is caused, the offence of Section 364-A is complete. There are three stages in this section, one is the kidnapping or abduction, second is threat of death coupled with the demand of money and lastly when the demand is not met, then causing death. If the three ingredients are available, that will constitute the offence under Section 364-A of the Penal Code...."