The Supreme Court has held that if the kidnapper did not assault the kidnapped person, did not threaten to kill him, and behaved decently with him, then the kidnapper will not be punished with life imprisonment under Section 364A of the Indian Penal Code.
A bench of Justices Ashok Bhushan and R Subhash Reddy made the observation while setting aside the verdict of the Telangana High Court convicting an auto driver accused in a kidnapping case. The auto driver had kidnapped a minor and demanded a ransom of Rs 2 lakh from his father.
Minor Kidnapping
The court said that in order to convict the accused under section 364A (kidnapping and ransom), three things are required to be proved by the prosecution. He said that these three things are – kidnapping or holding a person hostage, threatening to kill or assaulting the kidnapper, doing something by the kidnapper which gives rise to the apprehension that the government, any other country, any The victim may be harmed or killed in order to pressurize a government organization or to pressure another person to pay a ransom.
Referring to the sentence of life imprisonment or death sentence under section 364A, the court said that in addition to the first condition, the second or third condition also has to be proved, otherwise, one cannot be convicted under this section.
The top court was hearing the appeal of Telangana resident Sheikh Ahmed, challenging the High Court order. The High Court had dismissed Ahmed’s plea against the conviction and sentenced him to life imprisonment under section 364A of IPC.
Crime
Auto driver Ahmed kidnapped a Class VI student of St Mary’s High School on the pretext of dropping him home. When the child’s father had gone to pay the ransom, the police had rescued the child. This incident is of 2011 and then the age of the victim was 13 years. The victim’s father had told the trial court that the kidnapper had never threatened to harm or kill the boy.
The apex court quashed the conviction of Ahmed under section 364A. It said that the offense of kidnapping has been proved and the appellant should be punished under section 363 (punishment for kidnapping) which provides for imprisonment up to seven years and a fine. The court said that the appellant should be sentenced to seven years’ imprisonment and a fine of five thousand rupees.