VIDYA NAND Vs. STATE

JUDGEMENT

(1.) HEARD Sri Kamal Krishna, learned Counsel for the revisionist and learned Additional Government Advocate.

(2.) THIS revision has been filed against the judgment and order, dated 1-8-84 passed by the Additional Sessions Judge, Hamirpur partly allowing the appeal set ting aside the conviction and sentence awarded by the Assistant Sessions Judge, Hamirpur for the offence punishable under Section 363,1. P. C. while maintain ing the conviction and sentence under Sec tion 368, IPC.

(3.) TO constitute an offence under Sec tion 368, I. P. C. the prosecution must estab lish that the person in question has been kidnapped. Unless a person is kidnapped the accused will have no occasion to know that the said person had been kidnapped. Unless knowledge about kidnapping can be imputed to the accused he cannot be said to have committed the offence punishable under Section 368, I. P. C.