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IN THE HIGH COURT OF JUDICATURE AT PATNA
G.ANUPAMA CHAKRAVARTHY
Prem Kumar Son of Late Babu Lal Mahto – Appellant
Versus
State of Bihar – Respondent
ORAL JUDGMENT :
1. The criminal appeal is arising out of the judgment of conviction and sentence dated 21.09.2004, on the file of the Learned Additional Sessions Judge, FTC-V, patna, in Sessions Trial No. 776 of 1996, arising out of Patliputra P.S. Case No. 167 of 1995, wherein the appellants were convicted for the offences punishable under Section 363 read with Section 34 of the Indian Penal Code (hereinafter referred as I.P.C.), and were sentenced to undergo rigorous imprisonment for a period of five years along with fine of Rs. 1000/- and in default of payment of fine to suffer rigorous imprisonment for three months each. Further, the appellants were convicted for the offences punishable under Section 365 r/w 34 of I.P.C. and were sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo rigorous imprisonment for three months each. All the sentences were ordered to run concurrently.
2. Heard the arguments for the Learned counsel for the appellants, Mr. Anirudh Kumar Sinha and the Learned Additional Public Prosecutor for the State, Mrs. Anita Kumari Singh. Perused the record.
3. The case of the
The prosecution must prove the essential elements of the offence beyond reasonable doubt.
Kidnapping for ransom under Section 364A requires proof of abduction and threats of death or harm, which was established in this case.
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