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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.

KIDNAPPING FOR RANSOM

54. We are, however, of the view that the High Court was not right in reversing acquittal of Suman Sood for an offence punishable under Section 364A/120B, IPC. Section 364A relates to kidnapping for ransom. Let us consider the nature and ambit of an offence of kidnapping for ransom.

55. Offences of kidnapping and abduction were included in the Indian Penal Code in 1860 when the Code was enacted. An offence of kidnapping for ransom, however, did not find place then. It was only in 1993 that by Act 42 of 1993, Section 364A was inserted. The offence is serious in nature and punishment prescribed for the crime is death sentence or imprisonment for life and also of payment of fine.

57. Before the above section is attracted and a person is convicted, the prosecution must prove the following ingredients;

(1) The accused must have kidnapped, abducted or detained any person;

(2) He must have kept such person under custody or detention; and (3) Kidnapping, abduction or detention must have been for ransom.

[see also Malleshi v. State of Karnataka, (2004) 8 SCC 95]

58. The term 'ransom' has not been defined in the Code.

59. As a noun, 'ransom' means "a sum of money demanded or paid for the release of a captive". As a verb, 'ransom' means "to obtain the release of (someone) by paying a ransom", "detain (someone) and demand a ransom for his release". "To hold someone to ransom"

means "to hold someone captive and demand payment for his release". (Concise Oxford English Dictionary, 2002; p.1186).

60. Kidnapping for ransom is an offence of unlawfully seizing a person and then confining the person usually in a secrete place, while attempting to extort ransom. This grave crime is sometimes made a capital offence. In addition to the abductor a person who acts as a go between to collect the ransom is generally considered guilty of the crime.

61. According to Advanced Law Lexicon, (3rd Edn., p.3932); "Ransom is a sum of money paid for redeeming a captive or prisoner of war, or a prize. It is also used to signify a sum of money paid for the pardoning of some great offence and or setting the offender who was imprisoned".