In Brief
Five accused were convicted by the trial court and High Court for kidnapping a 14-year-old child for ransom under Section 364A IPC. They appealed to the Supreme Court contending that the evidence did not prove the threat to cause death or hurt essential for Section 364A conviction. The Court found that while kidnapping was established, the victim's statements contained material discrepancies regarding the timing and nature of threats, and that threats made merely to silence the child were insufficient under Section 364A. The Supreme Court modified the convictions from Section 364A (life imprisonment) to Section 363 (seven-year maximum), holding that when the ingredient of threat is not proved beyond reasonable doubt, conviction must be downgraded to the lesser offence of kidnapping.
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