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MANISH CHOUDHURY, ROBIN PHUKAN
Sanjay Das, S/o-Sri Suchen Das – Appellant
Versus
State of Assam, represented by learned Public Prosecutor – Respondent
JUDGMENT :
M. Choudhury, J.
Taking exception to a Judgment and Order dated 14.11.2019 passed by the Court of learned Additional Sessions Judge, Bijni in Sessions Case no. 291[B]/2018 [old Sessions Case no. 81[B]/2010], the three appellants, namely, [i] Sanjay Das; [ii] Dipankar Mallick; and [iii] Ram Prasad Biswas; [hereinafter referred to as ‘the accused-appellants’, at places, for easy reference] have preferred the present criminal appeal under Section 374[2], Code of Criminal Procedure, 1973 [‘the CrPC’ or ‘the Code’, for short] to assail the same. By the Judgment and Order dated 14.11.2019, the Court of learned Additional Sessions Judge, Bijni [hereinafter referred to as ‘the trial court’, for short] has convicted the three accused-appellants for the offence under Section 364A, Indian Penal Code [IPC] read with Section 34, IPC and they have been sentenced to undergo rigorous imprisonment for life each and to pay a fine of Rs. 5,000/-each, in default of payment of fine, to undergo rigorous imprisonment for another 3 [three] months each. It has been ordered that the period of detention already undergone by the accused-appellants shall be set-off against the sentence of imprisonment
The prosecution must prove all elements of the crime, including ransom demand and victim's age, to sustain a conviction under Section 364A IPC.
Kidnapping for ransom under Section 364A requires proof of abduction and threats of death or harm, which was established in this case.
The court emphasized that lack of essential documentation and procedural compliance invalidates the prosecution's case, leading to the acquittal of the accused who were convicted of kidnapping for ra....
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 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....
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