RAJESH SADASHIV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The learned Counsel for the appellants in these three appeals submits that at the most, this is a simple case of kidnapping punishable under Section 363 of IPC where the maximum punishment is seven years and it cannot be said that there was any kidnapping in order that the kidnapped person may be murdered or may be put in danger of being murdered and it is submitted that there is no charge of extortion and therefore, conviction under Section 364 IPC is not justified and in any case, the sentence of imprisonment of ten years is excessive.

(2.) Whether it would amount to an offence punishable under Section 363 of IPC or not is a question which is already decided by the Supreme Court in the case of Ramchandra v. State of U.P. AIR 1957 SC 381. In that case also, there was kidnapping of the son and the ransom demanded was of Rs. 10,000/- if his father wanted to see his son safe and sound; if the money was not given or if the police were informed, the head of the son would be cut off. The Supreme Court held that the modus operandi as disclosed in the letter of the accused demanding ransom from the father of the boy when they had kidnapped the boy, by putting the father in fright of the boy being murdered in case ransom money was not paid for one reason or the other, the case was of aggravated form of kidnapping punishable under Section 364 of IPC. The facts of the present case are to the same effect and therefore, the offence is punishable under Section 364 of IPC. The offence is punishable with imprisonment for life or for R.I. for a term which may extend to ten years and fine. In the present case, the learned Sessions Judge has not imposed the imprisonment for life, but has imposed R.I. for ten years. Since the offence is covered under this section, the punishment has to be under this section and not under Section 363 IPC or for any other lesser offence.