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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Ganesh Ram – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard Mr. Nagendra Kumar Singh, learned counsel for the appellant, Ms. Anukriti Jaipuriyar, learned Amicus Curiae and Mr. Dilip Kumar Singh, learned Additional PP for the State.
2. The appellant has been convicted vide judgment dated 02.11.2017 (hereinafter referred to as the ‘impugned judgment’) and sentenced vide order dated 06.11.2017 (hereinafter referred to as the ‘impugned order’) by learned Additional Sessions Judge, Rosera, Samastipur in Sessions Trial No. 374 of 2015 arising out of Rosera P.S. Case No. 301 of 2014 (G.R. No. 1030 of 2014) for the offence punishable under Section 364A of the Indian Penal Code (in short ‘IPC’). He has been ordered to undergo life imprisonment with a fine of Rs.10,000/- under Section 364A IPC and in default of payment of fine, he has to further undergo rigorous imprisonment for three months.
Prosecution Case
3. The prosecution story is based on the written report dated 02.10.2014 (Exhibit ‘1’) submitted by one Sone Lal Mochi (PW-4), resident of village+post- Kariman, P.S.- Rosera, District- Samastipur. In his written report (Exhibit ‘1’), the informant has stated that his grandson Himanshu Ranjan @ Vishal Kumar aged about
The prosecution must prove the essential elements of the offence beyond reasonable doubt.
Kidnapping for ransom – Conviction and sentence cannot be sustained where prosecution has failed to prove conditions together as envisaged under Section 364-A, 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.
Insufficient evidence of threats to substantiate the charge of kidnapping under Section 364-A IPC led to the appellant's conviction being overturned.
The prosecution must prove all elements of Section 364(A) IPC, including a clear connection between the act of hurt and the ransom demand; failure to do so warrants a lesser charge.
The main legal point established in the judgment is the requirement for admissible evidence to prove the essential elements of criminal offences, emphasizing the importance of meeting the evidentiary....
The judgment emphasizes the requirement to establish essential ingredients of the offence beyond reasonable doubt, especially in cases involving coercion and threat.
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