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.

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 proceeding, at about 11:45 a.m., the accused intercepted and enticed them to accompany him to have a bath in another canal, which he claimed to be more enthralling. Believing his words, PW2 victim and his friend, viz., one Ijaz Ahmed, went along with him in his bike bearing Registration No. T.N.39BW 4221. While they were proceeding, near Koolipalayam Railway Bridge, the accused kicked down Ijaz Ahmed, and took PW2 alone to a secluded place.

4. After that, the accused asked PW2, to give his father's cell number, and thereafter, he was also asked for his mother's cell number. Then, he called PW2's mother qua PW3, and intimidated her to bring the required money, last he would kill her son (PW2). The accused also intimidated the victim to speak with his mother. He also hurted PW2 [victim], and tied him to a tree. However, after some time, the accused released PW2, as his demand was met. After securing the minor PW2, his father [PW1] gave a complaint to PW10 (Selvaraj) Head Constable, at about 9:00.p.m on 21.03.2015.

5. On receipt of the complaint, PW10 registered an FIR in Crime No. 240 of 2015 under Section 364(A) of IPC. Immediately, on registration of the First Information Report, PW10 forwarded the same to the concerned jurisdictional Magistrate, as well as to the Investigating Officer, M. Sundarapandiyan (PW13). On receipt of the copy of the First Information Report, the Investigating Officer made arrangements for treating the minor victim (PW2). At about 22:00 hours, he visited the scene of occurrence and prepared an observation mahazar, and rough sketch. He also recorded the statements of the victim minor, his parents, and his friends.

6. While so, on 24.03.2015, the Investigating Officer arrested the accused with his two-wheeler bearing Registration No. T.N.39BW 4221. Thereafter, the accused voluntarily gave a confession. In pursuance of his confession, a discovery of fact was effected, by recovery of his vehicle and a sum of Rs. 1,500/-. He then arrested, the first accused's wife, as she had abetted the commission of the offence. The Investigating Officer also recorded the statement of the Doctor, who treated the minor victim (PW2). Eventually, on completion of the investigation, the Investigating Officer laid a final report.

7. Before the Trial Court, the prosecution examined as many as 13 witnesses as PW1 to PW13, marked 17 documents as Exs.P1 to P17, and 2 Material Objects. On behalf of the accused, neither documents, nor material objects were marked, and no witnesses were examined.

8. The Trial Court, after having considered the oral and documentary evidence, ultimately convicted the first accused/appellant and acquitted the second accused from all charges.

9. Assailing the above order of conviction, the learned counsel appearing for the appellant/fi