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A. M. BADAR, CHANDRA SHEKHAR JHA
Subodh Sahani – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—Heard Mr. Shiv Shankar Sharma, learned counsel appearing on behalf of the appellant in Criminal Appeal (DB) No. 398 of 2016, Mr. Shiv Shankar Sharma and Mr. Pancham Lal Jaiswal, learned counsels appearing on behalf of the appellant in Criminal Appeal (DB) No. 454 of 2016 and Mr. Binod Bihari Singh, learned Additional Public Prosecutor appearing on behalf of the State in both Criminal Appeal (DB) No. 398 of 2016 and 454 of 2016.
2. By the impugned judgement and order dated 22.04.2016 passed by the learned Sessions Judge, Muzaffarpur, in S.Tr. No. 466/12 arising out of Bochahan P.S. Case No. 211/2010, the appellants have been convicted and sentenced as under:—
IN CRIMINAL APPEAL (DB) NO. 398 of 2016
| Appellant’s Name | Conviction under Sections | Imprisonment | Sentence Fine (Rs.) | In default of fine |
| Subodh Sahani | 364(A) and 34 of the Indian Penal Code | For life | 15,000/- | Simple Imprisonment of 6 months |
IN CRIMINAL APPEAL (DB) NO. 454 of 2016
| Appellant’s Name | Conviction under Sections | Imprisonment | Sentence Fine (Rs.) | In default of fine |
| L |
Kidnapping for ransom under Section 364A requires proof of abduction and threats of death or harm, which was established in this case.
The prosecution must prove the essential elements of the offence beyond reasonable doubt.
The ingredients of Section 364A IPC and the principles governing the proof of criminal conspiracy under Section 120B IPC.
The prosecution must prove both kidnapping and a ransom demand for conviction under Section 364-A; failure to do so warrants only convictions under lesser charges.
The prosecution must prove threats to cause death or hurt for a conviction under Section 364A IPC; failure to do so leads to a conviction under Section 365 IPC for wrongful confinement.
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