under Section 364-A IPC read with Section 120-B ,
and Sections 341 and 506 IPC and Section ... conviction of the appellants
for the offence under Section 364-A read with Section 120-B
IPC is wholly unsustainable. Accordingly, that part
Code"] assailed the legality and validity of their
conviction under Section 364 A read with Section 120 Bof
the IPC and consequent ... ingredients of Section 364A
IPC, this Court held as under:
" 12. To attract the provisions of
Section 364-A what is required
under
Sections 148, 365 r.w. 149 and 302 r.w. 149 IPC and
convicted him simpliciter under Section 364-A IPC ... accused Baiju under Section 364-A IPC
simpliciter in place of 364-A r.w. 149 IPC and reducing
the default
court below found that offences under section 364-A and Section 365 IPC
were committed by the appellants and accordingly directed them ... record to bring home
the charges under Section 364-A and Section 365 of IPC. To elaborate,
Shri Kochar argued that necessary ingredients
offence punishable under Section
364-A Indian Penal Code (" IPC " - for short). By a separate order
passed on the same date ... Indian Penal Code (Amendment) Act, 1995 (Act No.24 of
1995) with effect from 26.5.1995. Section 2 thereof relates to
amendment of Section 364-A
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 ... Section 359 . The punishment is seven years. Section 364 provides for kidnapping or abducting in order to murder, while Section 364-A deals with kidnapping
appropriate to reproduce Section 364-A of IPC.
364-A. Whoever kidnaps or abducts any person or keeps a person in detention after ... ransom" introduced Section 364-A vide Act No. 42 of 1993 as applicable with effect from 22.5.1993. Section 364-A as added
Special Judge (D.A.A.), Agra dated 26.8.2006 convicting them under Sections 364-A , 302 , 201 IPC and sentencing them to rigorous life ... 364-A IPC are not made out.
21. Per contra, learned counsel for the complainant and learned A.G.A. contended that:-
(a
with Section 11/13 of
MPDVPK Act and under Section
323 of IPC
Siddhar (Appellant No.2) Under Section 364-A of ... read with Section 11/13 of
MPDVPK Act and under Section
323 of IPC
Kamarlal @ Bhindua (Appellant Under Section 364-A of
under Section 364A of the IPC when the charge
framed was under Section 364 read with Section 34
of the IPC ... available, that will constitute
28
the offence under Section 364-A of the Penal Code.
Any of the three ingredients can take place
