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
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
guilty
and convicted for the offence punishable under Section 364-A of the
Indian Penal Code, 1860 (' IPC '-for short ... under
Section 364-A IPC can be detailed as under:-
(a)(i) kidnaps or abducts any person; or
(ii) keeps a person
Civil
Lines, Amritsar under Section 364 / 34 of the Indian Penal Code,
1860 ( IPC for short) and Section 25 of the Arms ... provision has been added in the Code w.e.f.
26.5.1995. Prior to introducing of Section 364-A IPC, only provision
for punishment
under section 147 , 364 read with section 149 IPC, 302 read with section 149 IPC, 201 read with section 149 IPC ... with section 149 IPC. All the accused were acquitted under section 364 IPC for the charge framed under section 364 IPC
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 ... present case as required to established a case under Section 364-
A of the Indian Penal Code.
(15) It is appearing from deposition
offence of section 364 (A) and
34 of the Indian Penal Code (in short ' I.P.C .') is a cognizable
offence. Hence ... 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
offence of section 364 (A) and
34 of the Indian Penal Code (in short ' I.P.C .') is a cognizable
offence. Hence ... 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
Cr.PC, the learned Trial Court came to a finding that the appellant was guilty of
having committed the offence under Section 364(A) IPC ... learned Trial Court, we do not find that a case under Section 364(A) IPC has
been made out. On the basis
364A IPC read with
Section 120 B IPC and 368 IPC read with Section 120 B IPC ... marginal note to Section 364 A is titled, "kidnapping for
ransom etc. The offence under Section 364 A consists of an aggravated
form