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SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Avon @ Avont Kumar Chouhan, S/o Mordhwaj Chouhan – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. The present Criminal Appeal under Section 374(2) of the Code of Criminal Procedure, 1973 ('CrPC') has been preferred by the three appellants herein against the judgment and order dated 21.3.2017 passed by Additional Sessions Judge, Fast Track Court, Mahasamund in Sessions Case No.22/2016, by which A-1 Avon and A-3 Vikas have been convicted under Sections 363, 364A & 120B of the Indian Penal Code, 1860 ('IPC') and A-2 Pintu has been convicted under Sections 363, 364A/34 & 120B of IPC and each of them has been sentenced in the following manner:-
| Conviction | Sentence |
| 1. u/S. 363 of IPC | R.I. for 3 years and fine of Rs.500/- and in default of payment of fine, to undergo additional R.I. for 1 month. |
| 2. A-1 Avon & A-3 Vikas u/S. 364A of IPC and A-2 Pintu u/S.364A/34 of IPC. | Life Imprisonment and fine of Rs.1000/- and in default of payment of fine, to undergo additional R.I. for 2 months. |
| 3. u/S. 120B of IPC | R.I. for 5 years and fine of Rs.1000/- and in default of payment of fine, to undergo additional R.I. for 2 m |
The judgment emphasizes the importance of meeting the conditions required for invoking Section 364A of IPC, including the demand of ransom and the threat to the kidnapped person's life.
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 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.
The essential ingredients for a conviction under Section 364-A IPC include proof of kidnapping, a demand for ransom, and a threat to the victim's life, all of which must be established beyond a reaso....
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.
The judgment establishes the importance of witness identification, corroborating evidence, and the interpretation of legal provisions in establishing guilt and upholding convictions in criminal cases....
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