New Delhi: If an abducted person is not assaulted or threatened to be killed and treated well, then the kidnapper cannot be sentenced to life imprisonment under Section 364A of Indian Penal Code, the Supreme Court has said.
A bench of Justices Ashok Bhushan and R Subhash Reddy made the observation while setting aside the conviction of an auto driver in Telangana who had kidnapped a minor and demanded a ransom of Rs 2 lakh from his father. The top court said that there are three essential ingredients to convict an accused under Section 364A (kidnapping for ransom) which need to b e proved by prosecution.
It said the three essential ingredients are -- kidnapping or abduction of any person or keeping him in detention; threatening to cause death or hurt to such person, or the kidnapper's conduct gives rise to a reasonable apprehension that victim may be put to death or hurt in order to compel the Government, foreign State or any Governmental organization or any other person to pay a ransom. The top court was hearing an appeal filed by Telangana resident Shaik Ahmed challenging a high court order. Ahmed, an auto driver had kidnapped a Class 6 student of St Mary's High School on the pretext of dropping him home.
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