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ROHIT ARYA, AVANINDRA KUMAR SINGH
Saligram Gurjar – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
1. This Criminal Appeal is directed against the judgment of conviction and order of sentence dated 30.5.2017 passed by Special Judge (under the MPDVPK Act), Shivpuri in Special Sessions Case No. 400047/2009 whereby the present appellant stands convicted under section 364A of the IPC read with S.11/13 of the Madhaya Pradesh Daikaiti Evam Vypharan Prabhavait Kshetra Adhiniyam (for brevity “MPDVPK Act”) and sentenced to undergo imprisonment for life with a fine of Rs.500/- in default to suffer R.I. for one month.
2. Prosecution story, as found proved, is that on 24.2.2009, Govind Kushwaha (PW2) along with his son Vijay Singh (PW3), had gone on his Discover Bajaj Motorcycle to attend Bhandara (community feast) on the occasion of Shivratri at Baans Wali Nursery Gora. After eating at the Bhandara, they along with Chowkidar Bablu Yadav, returned for Shivpuri. Govind was on one motorcycle, whereas Vijay Singh and Bablu were on another motorcycle. They were waylaid by one miscreant who was armed with gun and asked them to stop. Accordingly, all the three persons stopped there. In the meanwhile, 3 more miscreants, who were hiding behind the bushes, also came there and took them about
The prosecution must prove all elements of kidnapping for ransom, including demand for ransom and threats to life, to sustain a conviction under Section 364-A IPC.
The main legal point established in the judgment is the interpretation of the essential ingredients required for the offence under section 364-A of IPC, as provided by the Supreme Court, and the appl....
The main legal point established in the judgment is the requirement to prove the intent to confine a person secretly and wrongfully for the offense under IPC 365.
The main legal point established is the reliance on the victim's testimony, supported by corroborative evidence, to establish the guilt of the accused in a case of abduction for ransom. The court als....
(1) Unless there are compelling circumstances or evidence placed by defence to doubt evidence of injured witness, this has to be accepted as an extremely valuable evidence in a criminal Trial.(2) Vic....
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