SIDDHARTHA VARMA, ANISH KUMAR GUPTA
Lalit Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. These three appeals are arising out of the common judgement and orders dated 05.05.2015 and 07.05.2015, passed by the Additional Sessions Judge, Court No.7, Ghaziabad, in Sessions Trial No. 268 of 2012 (State of U.P. vs. Lalit Kumar and others), arising out of Case Crime No. 820 of 2011 under Section 364A I.P.C. and Sessions Trial No. 363 of 2014, arising out of Case Crime No. 820 of 2011 under Section 364A (State vs. Qayyum) and Sessions Trial No. 291 of 2012 (State vs. Lalit Kumar and Ors.) arising out of Case Crime No. 1190 of 2011 under Sections 147, 148, 307/149 I.P.C. and Sessions Trial No. 292 of 2012 (State vs. Lalit Kumar) arising out of Case Crime No. 1191 of 2011 and under Section 25 of the Arms Act, Sessions Trial No. 293 of 2012 (State of U.P. vs. Pappu) arising out of Case Crime No. 1192 of 2011 under Section 25 of Arms Act, Sessions Trial No. 292 of 2017 (State of U.P. vs. Raj Kumar) arising out of Case Crime No. 1193 of 2011 under Section 25 of the Arms Act, Sessions Trial No. 295 of 2012 (State of U.P. vs. Kanhaiya) arising out of Case Crime No. 1194 of 2011 under Section 25 of the Arms Act, Sessions Trial 296 of 2012 (State of U.P
Netra Pal v. State (NCT of Delhi)
Malleshi v. State of Karnataka
Shaik Ahmed v. State of Telangana
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.
Kidnapping for ransom under Section 364A requires proof of abduction and threats of death or harm, which was established in this case.
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 judgment establishes the importance of witness identification, corroborating evidence, and the interpretation of legal provisions in establishing guilt and upholding convictions in criminal cases....
The prosecution must prove the essential elements of the offence beyond reasonable doubt.
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