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
made before the police, consequently, the same is inadmissible being hit by Section 25 / 26 of the Evidence Act.
(d) PW-1 admitted that ... because of fear of being caught and as such, ingredients of Section 364-A IPC are not made out.
21. Per contra, learned counsel
Section 364-A IPC, in which Hon'ble Supreme Court held as under:
" To attract the provisions of Section 364-A IPC what ... offence punishable under Section 364-A IPC beyond reasonable doubt. From the bare reading of Section 364-A IPC, it transpires that kidnapping for ransom
under Section 364-A IPC. Section 364-A IPC, as it exists after its amendment, is reproduced hereinafter:-
"364-A. Kidnapping for ransom ... a charge under Section 364-A IPC, in Shaik Ahmed (supra), in following words:-
"33. After noticing the statutory provision of Section 364-A
evidence on record fulfils the ingredients of Section 364-A of IPC. The provisions of Section 364-A of IPC reads as under ... necessary ingredient of Section 364-A of IPC is missing and therefore, the offence punishable under Section 364-A of IPC is not established
Sections 363 and 364 A I.P.C..
Careful reading of Section 364A shows that whoever kidnaps or abducts any person or keeps a person ... also be liable to fine.
In the instant case the ingredients of Section 364 A are found missing as kidnapping or threatening to pay ransom
paragraph 9 has held as under :-
"9. The important ingredient of Section 364-A is the abduction or kidnapping, as the case ... death is caused, the offence of Section 364-A is complete. There are three stages in this section, one is the kidnapping or abduction, second
Lalit Kumar And Another vs State Of U.P. on 22 March, 2024
Author: Siddhartha
section 364 A IPC, therefore, to analyse whether on the basis of prosecution evidence conviction of the appellants for offences under section 364 A ... conditions enumerated in Section 364 A IPC must be fulfilled before recording conviction under section 364 A IPC and also observed that it is necessary
demonstrate any threat or fear shown, which is necessary ingredient for invoking Section 364-A IPC.
6. Considering the averment made at the bar, prima ... facie, the ingredients to attract Section 364-A IPC are missing. The applicant is in custody since 21.01.2023, as such the applicant is enlarged
