In Brief
A 13-year-old student was abducted by an auto-driver who demanded ransom from the child's father. The trial court and High Court convicted the accused under Section 364A (kidnapping for ransom with threat of death or hurt). The Supreme Court held that while kidnapping and ransom demand were proved, the evidence showed the victim was treated well with no threats or conduct giving rise to apprehension of death or hurt. As the second essential ingredient of Section 364A was not proved, the Court set aside the Section 364A conviction and convicted the accused under Section 363 (simple kidnapping) instead, reducing the sentence.
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