Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.364A 363 and 364 IPC Modification of conviction u/s.364A to s.363 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss. 364A, 363 and 364 – Modification of conviction u/s. 364A to s. 363 – Appellants convicted u/ss. 148, 364A r/w s. 149, IPC – Sentenced to undergo rigorous imprisonment for 3 years u/s.148, rigorous imprisonment for life and fine u/s. 364A r/w s.149 – On appeal, held: s. 364A has three components- kidnapping or abduction of a person and keeping them in detention; threat to cause death or hurt, and the use of kidnapping, abduction, or detention with a demand to pay the ransom; and when the demand is not met, then causing death – In the present case, there are two statements of PW-21-child victim, one made to the police 2 days after he had returned home from the captivity of appellants and another made before the Trial Court, two years after the initial statement – Three changes are noticed therein, first, a change in the exact timing of the threat; second, the specificity of the delivery of the threat to kill; and third, omission of the intent behind the threat i.e. to prevent PW-21 from crying out – These details are crucial to proving the second ingredient of the charge u/s. 364A i.e, ‘threat resulting in giving rise to a reasonable apprehension that such person may be put to death or hurt’ – Thus, this ingredient was not proved beyond reasonable doubt – For proving the ingredient of threat, the intimidation of the child victim, for the purpose of making him silent cannot be enough – If the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such a low evidentiary threshold, the difference between punishments for kidnapping u/ss. 363, 364 and 364A shall become meaningless – Conviction of the appellants u/s. 364A is unsustainable – Appellants convicted u/s. 363 and sentenced to imprisonment for seven years with fine – Code of Criminal Procedure, 1973 – s. 216. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna |
Neutral Citation | 2023 INSC 182 |
Petitioner | Ravi Dhingra |
Respondent | The State Of Haryana |
SCR | [2023] 2 S.C.R. 164 |
Judgement Date | 2023-03-01 |
Case Number | 987 |
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