After noticing the statutory provision of Section
364A and the law laid down by this Court in the above
noted cases, we conclude that the essential
ingredients to convict an accused under Section 364A
which are required to be proved by prosecution are as
follows:-
(i) Kidnapping or abduction of any person or
keeping a person in detention after such
kidnapping or abduction; and
(ii) threatens to cause death or hurt to such
person, or by his conduct gives rise to a
reasonable apprehension that such person may
be put to death or hurt or;
(iii) causes hurt or death to such person in order
to compel the Government or any foreign State
or any Governmental organization or any other
person to do or abstain from doing any act or
to pay a ransom.
34. Thus, after establishing first condition, one
more condition has to be fulfilled since after first
condition, word used is “and”. Thus, in addition to
first condition either condition (ii) or (iii) has to
be proved, failing which conviction under Section
364A cannot be sustained.
35. The second condition which is “and threatens to
cause a death or hurt to such person, or by his
conduct gives rise to a reasonable apprehension that
such person may be put to death or hurt” is relevant
for consideration in this case since appellant has
confined his submission only regarding nonfulfillment
of this condition.
39. The High Court has not dealt with the grounds
taken before it by the accused that no threat to
cause death or hurt was extended by the accused. From
the judgment of the high court, thus, it can be said
that there is no finding regarding fulfillment of
condition No.2. Both the Courts having not held that
condition No.2 as noted above was found established
on the evidence led before the Court the conviction
under Section 364A become unsustainable. The present
is not a case where applicability of condition No.
(iii), i.e., “or causes hurt or death” is even
claimed. Thus, fulfillment of condition No.(ii) was
necessary for conviction under Section 364A.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.533 OF 2021
SHAIK AHMED Vs STATE OF TELANGANA
Author: ASHOK BHUSHAN,J.
Dated: JUNE 28, 2021.
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