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.

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:-

Prosecution case, in brief:-

2. On 2.2.2016 at about 12:25 p.m., A-1 Avon and A-2 Pintu Chouhan kidnapped the minor victim (PW-17), aged about 3½ years, from her school. Thereafter, A-1 Avon from Mobile No.7389248306 called PW-3 Vikas Nirmalkar, father of the Victim, on his Mobile No.9229664156 and demanded from him Rs.10 Lakh as ransom, failing which he would have to face dire consequences. PW-3 Vikas Nirmalkar called twice on the said Mobile No.7389248306 but it was switched off. Thereafter, F.I.R. (Exhibit P-13) was lodged by PW-3 Vikas Nirmalkar at Police Station Mahasamund. Subsequently, at about 8:00 p.m., the Victim was recovered by PW-3 Vikas Nirmalkar near his house. Her recovery panchanama was made vide Exhibit P-2. On a searched launched by the police authorities, the three appellants were apprehended on 3.2.2016 and their memorandum statements were recorded vide Exhibits P-3, P-5 & P-7 respectively.

3. Pursuant to the memorandum statement of A-1 Avon, one Hero Deluxe Motorcycle bearing Registration No.CG06P-1054, one mobile of Intex company and one SIM No.7389248306 were recovered vide Exhibit P-4. Pursuant to the memorandum statement of A-2 Pintu, one two-SIM mobile phone of Intex Company bearing IMEI No.911483000681540 and IMEI No.911483000681557 and one black-blue shirt were recovered vide Exhibit P-6. Similarly, pursuant to the memorandum statement of A-3 Vikas, one mobile handset of Maxx company bearing two SIM Nos. 9907087985 & 7879844039 and one Splendor Motorcycle bearing No.CG04DX2083 were recovered vide Exhibit P-8. Vide Exhibits P-18 & P-19, Test Identification Parade (‘TIP’) was conducted by PW-14 Rajendra Prasad Tiwari, Tahsildar, Mahasamund and proved by PW-12 Mohan Lal Dhruv, Jail Superintendent, Mahasamund, in which A-1 Avon and A-2 Pintu were identified by the Victim (PW-17). After completion of the investigation, the appellants were charge-sheeted for the aforesaid offences and the matter was put to trial before the Court below in which the appellants abjured their guilt, took a plea of false implication and entreated for trial.

4. During the course of the trial, in order to bring home the offence, the prosecution has examined as many as 25 witnesses and exhibited 43 documents. Articles A/1C, A/2C, A/2C, A/3C & A/4C are the copies of relevant pages of attendance register, birth certificate of the Victim, customer application form and Identity Card of Parmeshwar Nishad and the call details respectively. Statements of the accused/appellants were recorded under Section 313 of CrPC, in which they denied the circumstances appearing against them in the evidence brought on record by the prosecution, pleaded innocence and false implication. However, in their defence, neither any witness has been examined nor any document has