New Delhi, 1/7 (AO Bureau):The Supreme Court has said that if the kidnapper did not beat up the victim, did not threaten to kill him, did not behave well, then the kidnapper cannot be sentenced to life imprisonment. A bench of Justices Ashok Bhushan and R Subhash Reddy made the observation while setting aside the judgment 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.
The court said that in order to convict the accused under Section 364A (kidnapping and ransom), it is necessary to prove three things by the prosecution. He said that these are three things-
Kidnapping or keeping a person hostage, threatening to kill or assaulting the kidnapper, doing anything by the kidnapper which is likely to cause a threat to the government, any other country, any government organization or any other The victim can be harmed or killed in order to pressurize the person for a ransom.
The Supreme Court was hearing the appeal of Telangana resident Sheikh Ahmed.
Referring to the punishment of life imprisonment or death sentence under Section 364A, the Supreme 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 Supreme Court was hearing the appeal of Telangana resident Sheikh Ahmed, in which the High Court order has been challenged. The High Court had dismissed Ahmed’s plea against the conviction and sentenced him to life imprisonment under Section 364A of IPC.
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