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Showing contexts for: 364 A IPC in Balvinder Kumar Singh & 4 Ors. vs State Of M.P. on 5 January, 2015Matching Fragments
[9] We have heard Shri Avinash Sirpurkar, learned counsel for the appellants and Shri R.S.Parmar, learned Panel Lawyer for the Respondent/State.
[10] Learned counsel for the appellants submitted
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that no case has been made out against the appellants for an offence punishable u/s 364A of IPC in as much as ingredients of section 364A of IPC has not been established by the prosecution. There is no evidence that the appellants have caused any injury or have administered any threat of death to Kailash Baheti. The prosecution has not produced any recording/transcription or any document in regard to demand of ransom for release of Kailash Baheti. On the other hand the appellants have provided him food and essential medicines and when he was released, appellants gave him some of Rs. 500/ for his travelling expenses. There is no evidence that the appellants have demanded any ransom or procured any amount as ransom. From these facts it can be seen that at most the act of the appellants comes under the purview of section 365 IPC for which the maximum punishment provided is 7 years and in as much as the appellants have already served about 10 years of sentence therefore, the appeal be allowed and the appellants be released. For this purpose, he relied upon the judgment of this Court in the case of Shahid Khan v/s State of M.P. [2013.Cr.L.R. (MP) 763].
[11] Learned counsel for appellants cited the judgment of Apex court in the case Vishwnath Gupta vs. State of Uttaranchal (2007)11SCC 633 and submitted that there are three stages in Section 364A IPC, one is the
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kidnapping or abduction, second is threat of death coupled with 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 364A IPC. In the present case prosecution has failed to prove these three stages of the offence. Therefore the conviction of the appellants u/s 364A r/w 120B IPC is liable to be setaside.
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on death. Thus the Shahid Khan's judgment is not helpful to the appellants.
[25] Now we have considered the judgment of Vishwanath Gupta (supra) which is heavily relied upon by the learned counsel of the appellants. Learned Counsel of the appellants tried to impress us that in Vishwanath Gupta's case Hon'ble Apex Court has held that there are three stages in Section 364A of IPC. One is kidnapping or abduction, second is threat of death coupled with demand of money and lastly when the demand is not met then causing death. If these three ingredients are available, that will constitute an offence u/s 364A if IPC. We have considered this submission. In Vishwanath's case, the question before the Hon'ble Supreme Court was that when all the ingredients of the offence have not taken place at one place then which court had territorial jurisdiction to try the matter. The Hon'ble Supreme Court after elaborate discussion held that the offence u/s 364A of IPC has three stages and the trial could be conducted at any of the court in which any one stage of the offence is committed. In this judgment, the Hon'ble Supreme Court has nowhere held that unless the aforesaid three stages are completed, the offence under section 364A of IPC would not be made out.
[27] It is not necessary for the prosecution to establish the
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offence u/s 364A of IPC that the abductors have actually extort some ransom and in not fulfilling the demand of ransom the abductee had been resulted in death. But the prosecution has to prove that the abductee was kept in detention and threatened to cause death or hurt in order to extort ransom and communicates that demand for ransom. [28] In the present case the prosecution has proved all the three ingredients of section 364A of IPC which are enunciated in Malleshi's case. Thus the submissions of learned counsel for the appellants has no force that the case falls under 365 of IPC and not under section 364A of IPC.