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ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD
Pohpee @ Pohap Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Ashwani Kumar Mishra, J.)
1. These five appeals are directed against the judgment and orders dated 26.2.2011, 28.2.2011 and 1.4.2011, passed by Additional Sessions Judge (Court No.6), Mathura in Sessions Trial No. 115 of 2007 (State Vs. Pooran Singh, Padam Singh and Rahees) and Sessions Trial No.286 of 2007 (State Vs. Ramesh @ Chhote and Pohpee). All the five accused have been held guilty of kidnapping for ransom under Section 364-A IPC and have been sentenced to life imprisonment alongwith fine of Rs.10,000/-each, and to undergo further rigorous imprisonment of two years in the event of default of payment of fine.
2. Facts, as emerge from record of these connected appeals are that a written report was made by the first informant Mohar Singh (Ext. Ka-1) on 10.11.2016 stating that he is an original resident of Village Chaumuha, Police Station Vrindavan, District Mathura. The brother-in-law of his sister namely Pohpee, son of Mahaur Singh, wanted informant’s land to be sold. Upon the informant’s refusal to sell his land accused Pohpee threatened him that he would kidnap his son and murder him. On 21.10.2006 the informant’s son Satish had gone to Chaumuha Bazar but did not
Prosecution has not been able to prove the guilt of the appellant beyond all reasonable doubt, for committing an offence under Section 364(A) IPC.
Kidnapping for ransom under Section 364A requires proof of abduction and threats of death or harm, which was established in this case.
(1) Attempt to murder – Question of intention to kill or knowledge of death is always a question of fact and not of law.(2) Secondary evidence—Unless prosecution shows that original has been lost or ....
The prosecution must prove threats to cause death or hurt for a conviction under Section 364A IPC; failure to do so leads to a conviction under Section 365 IPC for wrongful confinement.
The prosecution must prove all elements of the crime, including ransom demand and victim's age, to sustain a conviction under Section 364A IPC.
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