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M. S. RAMESH, C. KUMARAPPAN
Ganeshan – Appellant
Versus
State – Respondent
JUDGMENT :
C.KUMARAPPAN, J.
PRAYER: Criminal Appeal filed under Section 374 of the Criminal Procedure Code to set aside the judgement of the learned II Additional District and Sessions Judge, Tiruppur, Tiruppur District made in S.C.No.147 of 2015 dated 10.01.2019 and acquit the appellant herein from the said charge.
The instant Criminal Appeal arises against the judgment of the learned II Additional District and Sessions Judge, Thiruppur in S.C. No. 147 of 2015, dated 10.01.2019, wherein the first accused was convicted under Section 364(A) of IPC.
2. Originally, there were two accused, viz., the appellant herein, and his wife. Though both of them were charged under Section 364(A) of IPC, the trial Court acquitted the wife of the appellant. Resultantly, the instant criminal appeal has been filed by the first accused/appellant.
3. The brief facts which give rise to the instant Criminal Appeal are that, the Minor Mohammed Imran (PW2) is the son of one Mr.Mohammed Rabdeen (PW1) and Mrs.Salman Paris (PW3). According to the prosecution, PW2 (Mohammed Imran) along with his brother and two other friends went for a bath on 21.03.2015 at about 10:00 a.m., to Andipalayam canal. While they were pro
The prosecution must prove all elements of Section 364(A) IPC, including a clear connection between the act of hurt and the ransom demand; failure to do so warrants a lesser charge.
Kidnapping for ransom – Unless all conditions as enumerated in Section 364A of IPC are fulfilled, no conviction can be recorded.
Kidnapping for ransom – Conviction and sentence cannot be sustained where prosecution has failed to prove conditions together as envisaged under Section 364-A, IPC.
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....
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 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.
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