held:
"The ingredients for commission of offence under Section 364 and 364-A are different. Whereas the intention to kidnap in order that ... requirements of Section 364 of the Penal Code, for obtaining a conviction for commission of an offence under Section 364-A thereof it is necessary
mere misjoinder to
frame charges.
55. The ingredients for commission of offence
under Section 364 and 364-A are different. Whereas
the intention to kidnap ... requirements of
Section 364 of the Penal Code, for obtaining a
conviction for commission of an offence under
Section 364-A thereof it is necessary
Sections 364 and
364-A was dealt with by the Commission in Paras 16.99 to
16.100 which are as follows:
"16.99. Section 364- -Amendments ... also to be fulfilled before
ingredients of Section 364-A are found to be established.
Section 364-A also indicates that in case the condition
Apex Court as regards the ingredients for commission of
offence under Sections 364 and 364-A . The relevant passages
which can be culled out from ... requirements of Section 364 of
the Penal Code, for obtaining a conviction for
commission of an offence under Section 364-A
thereof it is necessary
Apex Court as regards the ingredients for commission of
offence under Sections 364 and 364-A . The relevant passages
which can be culled out from ... requirements of Section 364 of
the Penal Code, for obtaining a conviction for
commission of an offence under Section 364-A
thereof it is necessary
been convicted under Section 364-A of the I.P.C. when the
charge framed was under Section 364 read with Section ... requirements of
Section 364 of the Penal Code, for obtaining a conviction for
commission of an offence under Section 364-A thereof it is
necessary
been convicted under Section 364-A of the I.P.C. when the
charge framed was under Section 364 read with Section ... requirements of
Section 364 of the Penal Code, for obtaining a conviction for
commission of an offence under Section 364-A thereof it is
necessary
prosecution itself.
Therefore, it cannot be stated that ingredients of Section 364-A of the Indian
Penal Code have been attracted in this case ... under Section 364-A of the Indian Penal
Code. We, therefore, acquit the appellants of charge of offence punishable
under Section 364-A
under Sections 147 , 148 , 364 A, 120 B, 506 (2), 342, 447
read with Section 149 of Indian Penal Code.
9. Shri A. A. Ansari ... ingredient so far as Section 348 is concerned
is wrongful confinement for the purpose mentioned thereunder.
Whereas, essential ingredient so far as Section 364 A
under Sections 147 , 148 , 364 A, 120 B, 506 (2), 342, 447
read with Section 149 of Indian Penal Code.
9. Shri A. A. Ansari ... ingredient so far as Section 348 is concerned
is wrongful confinement for the purpose mentioned thereunder.
Whereas, essential ingredient so far as Section 364 A
