important point
Considering the alarming rise in kidnapping young children for ransom, the legislature has in its wisdom provided for stringent sentence.

judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding conviction of the appellant for offence punishable under Section 364A of the Indian Penal Code, 1860 (in short the IPC) as recorded by the learned Additional Sessions Judge, Panipat.

3.By the impugned common judgment two Criminal Appeal Nos.255 and 307 of 2001 were disposed of. Ten persons including one Virender who was declared a proclaimed offender were sent for trial. After trial all the accused except Virender, whose presence the investigating agency was not able to secure during trial were convicted under Section 364-A of IPC. They were convicted for offence punishable under Section 364-A IPC and sentenced to imprisonment for life and a fine of Rs.1,000/- with default stipulation.

4.Prosecution version as unfolded during trial is as follows:

Amit Kumar son of Madan Mohan (PW 2) was aged 9 years and on the date of the incident i.e. 29.5.1996 was studying in class III. He used to live with his father in House No.212 Old Housing Board Colony, Panipat at a distance of about 100 yards from Salarganj Gate, Panipat. At about noon time on 29.5.1996 the boy had gone to Salarganj to play with his friends and when he did not return home, the family made all efforts to trace him which proved to be futile. Apprehending that he had been kidnapped, Madan Mohan (PW-1) proceeded to the Police Station City, Panipat to lodge a report. On the way he met a police party at Sukhdev Nagar where he made his statement Ex.PA and on its basis formal FIR (Ex. PA/2) was recorded.

On 2.6.1996, Sanjiv Jain and Faqir Chand (PW-4) came and apprised Madan Mohan that Yashpal, a resident of Panipat, had come to them and told about their having received a telephonic message from Saharanpur that Amit Kumar was well but his abductors were demanding a ransom of Rs.10,00,000/- failing which they were threatening to kill Amit Kumar. The abductors had further informed Yashpal that in case the matter was reported to the Police even then Amit Kumar would be killed. Yashpal had also been apprised of the manner in which the money was required to be paid, which mode required Yashpal to travel in Car No.HR-06B-244 belonging to Sanjiv Tayal, the younger brother of Madan Mohan, display a white cloth for identification before reaching the Railway Crossing before Rampur at 10.00 p.m. On reaching there, the car was to give a signal with the dipper.

On getting this information, Madan Mohan, Sanjiv Jain and Faqir Chand had decided not to report the matter to the police and had arranged for the requisite amount taking Rs.3,50,000/- from M/s Surya International (a factory owned by Madan Mohan), Rs.50,000/- from M/s Design Rug owned by the younger brothers of Madan Mohan, Rs.2 00,000/-from M/s Surya International in the name of Faqir Chand, an amount of Rs.2,75,000/- from Sintex Handicraft, Panipat in the name of wife of Madan Mohan as she was partner of the firm.

On 3.6.1996 Sanjiv Jain and Faqir Chand had again informed Madan Mohan that Yashpal had come and told them that he had received another message that in case the amount of Rs.10,00,000/- was not paid that day itself, Amit Kumar would be killed. Yashpal had further assured them not to worry and had taken the entire responsibility for the safety of the child. Thereupon the currency notes already collected had been arranged in the denomination of Rs.500/-, Rs.100/- and Rs.50/- respectively and the first and the last notes of the bundles were initialled as “MM” by Madan Mohan. Sanjiv Jain had then called Yashpal at the residence of Madan Mohan and handed over the bag containing currency notes of Rs.10,000,000/- to him. Yashpal had taken away the bag in the car bearing registration No.HR-06B-244, which he had driven away himself.

On 4.6.1996, Yashpal brought back Amit Kumar and handed him over to Madan Mohan. Amit Kumar told his father that on 30.5.1996 he was accosted b