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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
| Table of Content |
|---|
| 1. overview of appeals and convictions (Para 1 , 2 , 3) |
| 2. details of kidnapping incident and investigation (Para 4 , 5 , 6) |
| 3. witness testimonies confirming kidnapping (Para 7 , 20) |
| 4. trial court proceedings and witness statements (Para 8 , 9) |
| 5. court's analysis and evaluation of evidence (Para 10 , 13) |
| 6. appellants' defense arguments (Para 11 , 12) |
| 7. legal definitions and implications of kidnapping (Para 26 , 28) |
| 8. legal tests for convictions under ipc sections (Para 29 , 30 , 31 , 32) |
| 9. final judgments and sentences pronounced (Para 34 , 35 , 36) |
| 10. order for certified copy and appeal information (Para 39 , 40) |
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
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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