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3. By the said order, the High Court confirmed the order of conviction and sentence passed against Daya Singh for offences punishable under Sections 364A, 365, 343 read with 120B and 346 read with 120B Indian Penal Code (IPC). The said conviction was recorded by the Additional Sessions Judge (Fast Track) Category  1, Jaipur on October 20, 2004 in Sessions Case No. 26 of 2003. So far as Suman Sood is concerned, she was convicted by the trial Court for offences punishable under Sections 365 read with 120B, 343 read with 120B and 346 read with 120B IPC. She was, however, acquitted for offences punishable under Section 364A and in the alternative under Sections 364A read with 120B IPC. Her challenge against conviction and sentence for offences punishable under Sections 365 read with 120B, 343 read with 120B and 346 read with 120B IPC was negatived by the High Court. But her acquittal for offences punishable under Sections 364A read with 120B was set aside by the High Court in an appeal by the State and she was convicted for the said offence and was ordered to undergo imprisonment for life.

U/s. 346/120B IPC:

To suffer imprisonment for two years.

DECISION OF HIGH COURT

9. Both husband and wife were aggrieved by the order of conviction and sentence and approached the High Court of Rajasthan. The State was also aggrieved by the order of acquittal of Suman Sood for offence under Section 364A, in the alternative under Section 364A read with Section 120B, IPC and preferred an appeal. As already noted earlier, appeals of both the accused were dismissed by the High Court while the appeal of State of Rajasthan against Suman Sood was allowed and she was convicted for an offence punishable under Section 364A read with Section 120B, IPC. The High Court also ordered that looking to the gravity and dastardly nature of acts and consequences, Daya Singh as well as Suman Sood "shall not be released from the prison unless they served out at least twenty years of imprisonment including the period already undergone by them".

SUBMISSIONS BY APPELLANTS

12. We have heard Mr. Sushil Kumar, Senior Advocate for Suman Sood, Ms. Kamini Jaiswal, Advocate for Daya Singh for the appellants-accused and Mr. Milind Kumar, Advocate for the respondent-State.

13. Learned Senior Advocate Mr. Sushil Kumar for Suman Sood and Ms. Kamini Jaiswal for Daya Singh contended that Extradition Treaty had been entered into between the United States of America and Great Britain in 1931. In the said Treaty, there was no reference of offence of kidnapping for ransom punishable under Section 364A, IPC. Prosecution and trial for offences under Section 364A and/or Section 364A read with Section 120B, IPC was, therefore, illegal, without jurisdiction and conviction is liable to be set aside. It was also urged that no case had been made out against the appellants for an offence punishable under Section 364A, IPC inasmuch as ingredients of Section 364A, IPC had not been established by the prosecution. No witness had stated that the accused had administered any threat or asked to pay any ransom for the release of victim Rajendra Mirdha. Fax messages received by Shri Ram Niwas Mirdha made no reference of ransom. Again, there was no evidence worth the name which would prove that Daya Singh was a member of KLF or he had any link with Bhullar. It was urged that identity of the accused was not established beyond doubt and the prosecution witnesses had admitted that photographs of accused were shown on Television and printed in Newspapers. Identification Parade, therefore, was mere farce and an empty formality. It was also not proved that House No. B-117, Model Town exclusively belonged to Daya Singh wherein Rajendra Mirdha was detained. Ownership of white Maruti car equally was not proved. There was no evidence as to conspiracy and both the Courts were wrong in convicting the appellants for the offences with which he was charged.

14. On behalf of Suman Sood, certain additional arguments were advanced. It was contended that extradition was not granted for an offence punishable under Section 365, IPC. She, therefore, could not have been prosecuted and tried nor could have been convicted for the said offence. Her conviction, hence, is liable to be quashed and set aside. It was also urged that when she was acquitted for an offence punishable under Section 364A, IPC and in the alternative for an offence punishable under Section 364A/120B, IPC, the High Court was clearly wrong in convicting her under Section 364A read with Section 120B, IPC. It was also urged that the High Court had ignored an important consideration that she was not an accused in Vaishali Nagar FIR No. 44 of 1995. In FIR No.84 of 1995 of Malviya Nagar, she was prosecuted along with her husband Daya Singh for offences punishable under Sections 420, 468, 471, IPC and also under Section 4 of the Explosive Substances Act, 1908, but the trial Court acquitted her observing that there was no evidence on the basis of which she could be convicted. Leave to Appeal against acquittal of Suman Sood was also dismissed by the High Court and the said decision has attained finality. In view of the above facts, even if it is held that her conviction for other offences is not illegal, the order of the High Court setting aside acquittal for an offence punishable under Section 364A read with Section 120B, IPC deserves to be set aside.