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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, BIBHU DATTA GURU
Amardas Mahant S/o Surti Das Mahant – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Singh, CJ.
1. Since all these appeals are arising out of same crime number, same sessions trial, and by a common judgment, therefore, these appeals are have been clubbed together, heard together and decided by this common judgment.
2. It is an admitted fact that there were four accused persons, namely Khilawan Das Mahant alias Nikhil, Amardas Mahant, Sanjay Sidar and Pritam Das Mahant. By the impugned judgment dated 19.07.2024, accused Pritam Das Mahant has been acquitted for the charges levelled against him.
3. CRA No.1790/2024 has been filed by Amardas Mahant, CRA No.1869/2024 has been filed by Sanjay Sidar and CRA No.235/2025 has been filed by Khilawan Das Mahant alias Nikhil against the judgment of conviction and order of sentence dated 19.07.2024 passed by learned 2nd Additional Sessions Judge Raigarh, District Raigarh, Chhattisgarh in Sessions Trial No.71/2021, whereby the appellants have been convicted and sentenced as under:
A ppellant – Khilawan Das Mahant alias Nikhil
| Conviction | Sentence |
| U/s 363 of IPC | Rigorous imprisonment for 07 years and fine amount of Rs.1,000/-, in default of payment of fine amount additional rigorous imprisonment for 03 months. |
| U/s 364-A/34 | |
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.
Kidnapping for ransom – Conviction and sentence cannot be sustained where prosecution has failed to prove conditions together as envisaged under Section 364-A, IPC.
Kidnapping for ransom – Unless all conditions as enumerated in Section 364A of IPC are fulfilled, no conviction can be recorded.
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 the essential elements of the offence beyond reasonable doubt.
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 prosecution's failure to establish the fundamental elements of kidnapping and ransom resulted in the High Court overturning the convictions due to lack of evidence and procedural irregularities.
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