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C. R. DASH, PARTHA SARATHI SEN
Tapashi Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Partha Sarathi Sen, J.
1. The instant three appeals arise out of a common judgement dated 24.02.2005 and order of sentence dated 25.02.2005 as passed by the learned Additional Sessions Judge, 5th Court, Barasat, North-24-Parganas, in Sessions Trial No. 2(2)2003 arising out of Sessions Case No.30(9)2002 whereby and whereunder the said trial court found the present three appellants and one Biswanath Dey guilty under Sections 363/364A/120B of the Indian Penal Code and thus sentenced all the aforementioned convicts to suffer R.I for 7 years each and to pay a fine a of Rs.2000/- each i.d to suffer S.I for 2 months more each for the offence committed by them under Section 363 IPC. By the self same judgement the said trial court also sentenced the said four convicts to suffer imprisonment for life each and to pay a fine of Rs.5000/- each i.d to suffer S.I for five months each for committing the offence by them under Section 364A and the said four convicts were further sentenced to suffer R.I for 6 months each and to pay a fine of Rs.200/- each i.d to suffer SI for two days each for the offence committed by them under Section 120B of the Indian Penal Code.
2. Out of the aforesaid fou
The ingredients of Section 364A IPC and the principles governing the proof of criminal conspiracy under Section 120B IPC.
Kidnapping for ransom under Section 364A requires proof of abduction and threats of death or harm, which was established in this case.
Supreme Court has wide power to alter charge under Section 216 of Cr.P.C. whilst not causing prejudice to accused.
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 the essential elements of the offence beyond reasonable doubt.
Kidnapping for ransom – Unless all conditions as enumerated in Section 364A of IPC are fulfilled, no conviction can be recorded.
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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