In Brief
A 13-year-old boy was kidnapped by an auto driver who took him to another location and called the boy's father demanding ransom of Rs. 2 lakhs. Police recovered the victim unhurt and arrested the accused. The trial court and High Court convicted the accused under Section 364A IPC (kidnapping for ransom). The Supreme Court held that while kidnapping for ransom was proved, the second essential ingredient of Section 364A—threatening death or hurt to the victim—was not established. The victim testified he was treated well and not assaulted. The Court set aside the Section 364A conviction but upheld conviction under Section 363 (simple kidnapping), sentencing the accused to seven years imprisonment instead of life."
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