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Ravi Dhingra vs The State Of Haryana on 1 March, 2023

25. In the instant case, as discussed earlier, there is nothing material on record to suggest that the conduct of the appellant Uttam or any of the abductors gave rise to a reasonable apprehension that the abductee may be put to death or hurt. Therefore, considering the law laid down by the Apex 33 Court in the case of Ravi Dhingra Vs. The State of Haryana, 2023 (Supra), it is apparent that neither second nor third ingredient of Section 364A of the IPC is fulfilled in the matter. Hence, the facts, in this case, do not attract the offence under Section 364A of the IPC and learned Trial Court has committed error in holding the appellant Uttam guilty for the offence punishable u/S 364A of IPC. As this fact has already been found proved that abductee Gaurav was abducted and detained/ kept captivated in the forest secretally for about 15 days by the appellant Uttam and other abductors, hence, it would be just and proper to modify the conviction of the appellant Uttam from Section 364A to Section 365 of the IPC.
Supreme Court of India Cites 23 - Cited by 4 - B V Nagarathna - Full Document
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