ARIJIT PASAYAT, J.
Appellant was convicted for offence punishable under Section 364
A of the Indian Penal Code, 1860 (in short ... from 26.5.1995. The Section provides punishment for kidnapping,
abduction or detaining for ransom.
To attract the provisions of Section 364 A what is required
364(A) / 34 of IPC, Section 13 of MPDVPK Act,
Section 302 / 34 of IPC and under Section 201 read with Section ... with Section 13 of
MPDVPK Act, under Section 302 read with Section 149 of IPC, in
alternative under Section 302 read with Section
charges
against Suman Sood for an offence
punishable under Sections 364-A or 364-A
read with 120-B IPC “beyond reasonable
doubt” inasmuch ... section 364A has three distinct components.
In Paragraph 25, following was laid down with regard
to distinct components of Section 364A:-
“25. ……………. Section 364-A
acquitted of charge under Section 365 / 34 of IPC.
6. The Appellant Punjab Singh has been convicted under Section
364(A) of IPC read with ... read with Section 11 / 13 of MPDVPK Act. By order dated 2-2-
2008 charge under Section 364(A) / 34 , 365 / 34 of IPC read
offences under Section 364-A IPC read with Section 120-B ,
and Sections 341 and 506 IPC and Section 7(1) of the Criminal ... offence under Section 361 IPC and that the Court
below has patently erred in convicting them for the offence
under Section 364-A
Code"] assailed the legality and validity of their
conviction under Section 364 A read with Section 120 Bof
the IPC and consequent sentences ... ingredients of Section 364A
IPC, this Court held as under:
" 12. To attract the provisions of
Section 364-A what is required
recovered from appellant would constitute a demand "to pay a ransom".
6. The bare reading of Section 364-A IPC, which is reproduced ... makes a demand to pay a ransom.
"364-A Kidnapping for ransom, etc. - Whoever kidnaps or abducts any person or keeps a person
a.m. on
the aforesaid date. The Station House Officer had filed the FIR
with a remark that a case under Section 364 ... Section 364-A contains a heading “Kidnapping for
ransom, etc.” The kidnapping by a person to
demand ransom is fully covered by Section 364-A
Baiju under
Sections 148, 365 r.w. 149 and 302 r.w. 149 IPC and
convicted him simpliciter under Section 364-A IPC in
place ... Section 364-A IPC
simpliciter in place of 364-A r.w. 149 IPC and reducing
the default jail sentence thereunder to a period
a tenant in the house of Ajay
Singh, a relative of Constable Jeet Singh. A quarrel took place on a petty
4.Cr.A ... A and Section 365 of IPC. To elaborate,
Shri Kochar argued that necessary ingredients to establish an offence udner
Section 364-A of IPC were
