NDLI: Shaik Ahmed Vs. State of Telangana

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Essential ingredients kidnaps or abducts any person
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: s.364A – Essential ingredients – For covering an offence under s.364A, apart from fulfillment of first condition i.e. “whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction”, the second condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved in situation the case is not covered by subsequent clauses joined by “or”. Penal Code, 1860: s.364A – Prosecution case was that accused kidnapped 13 years old school boy (PW-2) and telephoned to his father (PW-1) demanding Rs.2 lakhs for release of PW-2 – Sessions Judge held that prosecution clearly established the guilt of the accused for the offence under s.364A IPC and sentenced him to undergo life imprisonment – High Court dismissed the appeal holding that prosecution clinchingly proved the guilt of the accused beyond all reasonable doubt for the offence punishable under s.364A – On appeal, held: High Court did not deal with the grounds taken before it by the accused that no threat to cause death or hurt was extended by him – There was no finding regarding fulfillment of second condition of s.364A – In the cross-examination, the complainant, father of the kidnapped boy has categorically stated that his son was not physically assaulted nor the boy complained of bad behavior or assault – Even, PW-2, the victim himself in his cross examination stated that he was not assaulted rather was treated in a good manner – Thus, neither PW-1, the father of the victim nor the victim said that any accused threatened to cause death or hurt – Neither there was any such conduct of the accused discussed by the courts below to give a reasonable apprehension that victim may be put to death or hurt nor there was anything in the evidence on the basis of which it can be held that second part of the condition was fulfilled – The second condition having not been proved to be established, conviction of the appellant is unsustainable under s.364A and is set aside – However, from the evidence on record regarding kidnapping, it is proved that accused had kidnapped the victim for ransom and demand of ransom was also proved – Thus, the offence of kidnapping has been fully established to which effect the trial court has recorded a categorical finding – Appellant is liable to conviction under s.363.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2021 INSC 308
Petitioner	Shaik Ahmed
Respondent	State Of Telangana
SCR	[2021] 6 S.C.R. 462
Judgement Date	2021-07-28
Case Number	533

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