with Section 13 of
MPDVPK Act, under Section 302 read with Section 149 of IPC, in
alternative under Section 302 read with Section ... lawful guardianship is defined under
Section 361 and Section 363 provides for
punishment for kidnapping. Section 364 deals with
kidnapping or abduction in order
having been convicted for alleged
commission of an offence under Section 364-A of the Indian Penal Code and
imposed with sentence of death ... still be
convicted under Section 306 IPS thereof.
24. Omission to frame charges under Section 306
in terms of Section 215 of the Code
lawful guardianship is defined under Section 361
and Section 363 provides for punishment for
kidnapping. Section 364 deals with kidnapping or
abduction in order ... section 364A has three distinct components.
In Paragraph 25, following was laid down with regard
to distinct components of Section 364A:-
“25. ……………. Section 364
under Section 364-A IPC read with Section 120-B ,
and Sections 341 and 506 IPC and Section 7(1) of the Criminal
Law Amendment ... offence under Section 361 IPC and that the Court
below has patently erred in convicting them for the offence
under Section 364
Section 374 of the Code of Criminal Procedure [for short
"the Code"] assailed the legality and validity of their
conviction under Section 364 ... considering the ingredients of Section 364A
IPC, this Court held as under:
" 12. To attract the provisions of
Section 364-A what is required
provisions of Section 3 of TADA could be attracted. Similarly in the case in hand to attract the provisions of Section 364-A the prosecution ... sentence of the appellant under Section 363 to 365 IPC we set aside his conviction and sentence under Section 364-A IPC. If the appellant
sentence under Section 363 of the IPC.
To put the matter in perspective, the provisions of Section
361 read with Sections 363 , 364 and 364A ... find
out as to what ingredients the section itself
contemplate for the offence. When we paraphrase
Section 364-A following is deciphered:
16
(i) “Whoever
separate sentence is awarded in view of the
sentence awarded under Section 364-A r.w. 149; and
302 r.w. 149 (four counts ... accused Baiju under
Sections 148, 365 r.w. 149 and 302 r.w. 149 IPC and
convicted him simpliciter under Section 364
fine of Rs.5,000/- for the offence punishable under
Section 364-A of the Indian Penal Code, (ii) to undergo
rigorous imprisonment ... question of conviction of the accused
for the offence under Section 364-A of the Indian Penal Code,
i.e. kidnapping for ransom
364-A and Section 365 of IPC. To elaborate,
Shri Kochar argued that necessary ingredients to establish an offence udner
Section 364 ... offence under Section 365 IPC. Prosecution has miserably
failed to make out a case beyond reasonable doubt under both the sections
namely; 364
