New Delhi: The Supreme Court has decided that if someone kidnapped the child for ransom but cared for him well and did not threaten to kill or hurt him to extract money from his parents, he could not be sentenced to life in prison in the underneath section 364a from the Indian punishment code.
Analyzing the relevant law and judgment, Judge Ashok Bhushan and R Subhash Reddy on Monday said, “We conclude that the materials are important to punish the defendant based on section 364a which must be proven by prosecution is as follows: (i) kidnapping or kidnapping even or keep someone in detention after kidnapping or kidnapping; and (ii) threatens to cause death or injury to the person, or with his behavior lead to a reasonable concern that the person can be sentenced to death or hurt or; (iii) causes injured or death In that person to force foreign government or state or government organizations or other people to do or not take action or pay a ransom “.
Referring to the tight punishment of the death penalty or death provided for belief below section 364a, Bench said, “In addition to the first condition of good conditions (II) or (iii) must be proven (against the defendant), failing the belief in which the section 364a cannot Maintained.
“In this case, a driver has kidnapped sixth grade students in Secunderabad, with the pretext of dropping it home.
He had brought the child to his house and demanded a ransom of Rs 2 lakh.
The child was saved by the bait police when the father’s father went to pay ransom.
In their deposition in front of the trial court, the child and his father said the kidnapper treats the boy well and he never threatened to kill or hurt him.
But, the court of trial and HC punish the driver and punish him to serve a life sentence.
The driver challenged the sentence on the ground that there was no threat to the life of the hostage.
SC: no life terms for kidnapers if hostages are treated well
