• Latest
IPC, S. 364A – argument was raised that demand of ransom has not been established

IPC, S. 364A – Conviction set aside

SC/ST Act – For offence to be constituted, there must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such `community’. [PLRonline #497684]

IPC S. 34 – Common Intention – Can be formed even in the course of the incident – Would come into play where participation of the accused in a crime is proved and the common intention is also established. [PLRonline 482604]

Consumer Protection Act – Stocks and shares – Invesment in – Complainant is not a Consumer – It is not the case of the Complainant that he had invested the money in share market exclusively for earning his livelihood. [2022 PLRonline 0596 (NCDRC)]

NIA S. 138 – Liability of Joint Account Holders – There is no provision for taking cognizance against a person other than the “drawer” of the cheque. [(2023-4)212 PLR 177]

Court proceedings – Videography – Whether would amount to criminal contempt of court ? [(2023-4)212 PLR 163]

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

Court proceedings –  Videography –  Court proceedings in the High Court or any other Court subordinate thereto cannot be videotaped, photographed or telecast without taking prior written permission from the High Court. [PLRonline]

NDPS S. 2 (viia)  read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A –  “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance  –  Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A)   – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

Insurance – Mediclaim policy – Pre existing disease  – Non-disclosure – Burden of  proof – Prescription – Mere mentioning in the prescription would not amount to establishing a concealment – Senior Citizens policy – Pre-medical check-up – Having opted to waive of was thus conscious – Insurer liable. [PLRonline # 446681]

  • Membership Account
  • LATEST
  • P&H
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • SERVICE
  • ARB
  • BANKING
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • Tenancy
  • Login
  • Register
PLRonline.in
Subscribe
  • Log In
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases
  • Log In
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases
Subscribe
PLRonline.in

Ingredients for obtaining a conviction for commission of an offence under Section 364-A, IPC

IPC S. 364A - Three stages in the Section

Home Criminal

IPC, S. 364A – Conviction set aside

by PLRonline
in Criminal, IPC
0
Share on TelegramShare on TwitterShare on WhatsappShare on eMail

Suman Sood and her husband Daya Singh Lahoria were accused in the case of abduction. They were tried for offence under Section 364A, 365, 343 read with Section 120-B and 346 read with Section 120-B. The trial court convicted the appellant for offence under Sections 365 read with 120-B, 343 read with 120-B and 346 read with 120-B. She was, however, acquitted for offence punishable under Section 364-A. Her challenge against conviction and sentence for offences punishable under Sections 365 read with 120- B, 343 read with 120-B and 346 read with 120-B IPC was negatived by the High Court. But her acquittal for offences punishable under Sections 364-A read with 120-B was set aside by the High Court in an appeal and she was also convicted for the offence under Section 364A and was sentenced to life imprisonment. In the appeal filed by her challenging her conviction under Section 364A, this Court dealt with acquittal of Suman Sood under Section 364A by trial Court. In Paragraph 64 this court noticed as follows:-

“64. According to the trial court, the prosecution had failed to prove charges against Suman Sood for an offence punishable under Sections 364-A or 364-A read with 120-B IPC “beyond reasonable doubt” inasmuch as no reliable evidence had been placed on record from which it could be said to have been established that Suman Sood was also a part of “pressurise tactics” or had terrorised the victim or his family members to get Devendra Pal Singh Bhullar released in lieu of Rajendra Mirdha. The trial court, therefore, held that she was entitled to benefit of doubt.”

The findings of trial court that no reliable evidence had been placed on record from which it could be said to have been established that Suman Sood was also a part of pressurise tactics or has terrorized the victim or his family. This court approved the acquittal of Suman Sood by trial court and set aside the order of the High Court convicting Suman Sood. In paragraph 71 following was held by this Court:-

“71. On the facts and in the circumstances in its entirety and considering the evidence as a whole, it cannot be said that by acquitting Suman Sood for offences punishable under Sections 364-A read with 120-B IPC, the trial court had acted illegally or unlawfully. The High Court, therefore, ought not to have set aside the finding of acquittal of accused Suman Sood for an offence under Sections 364-A read with 120-B IPC. To that extent, therefore, the order of conviction and sentence recorded by the High Court deserves to be set aside.”

Thus, the trial court's findings that there was no evidence that Suman Sood was part of pressurize tactics or terrorized the victim or his family members, hence, due to non-fulfillment of the condition as enumerated in Section 364A, the trial court recorded the acquittal, which has been confirmed by this Court. The above case clearly establishes that unless all conditions as enumerated in Section 364A are fulfilled, no conviction can be recorded.

Suman Sood alias Kamaljeet Kaur Vs. State of Rajasthan (2007) 5 SCC 634.

Download / Print
Tags: IPC S. 364A, IPC s. 364A - Ingredients of, IPC S. 364A - Kidnapping with ransom
Tags: IPC S. 364AIPC s. 364A - Ingredients ofIPC S. 364A - Kidnapping with ransom

Related Posts

Criminal

SC/ST Act – For offence to be constituted, there must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such `community’. [PLRonline #497684]

2.1k
Criminal

IPC S. 34 – Common Intention – Can be formed even in the course of the incident – Would come into play where participation of the accused in a crime is proved and the common intention is also established. [PLRonline 482604]

2.1k
Negotiable Instruments Act

NIA S. 138 – Liability of Joint Account Holders – There is no provision for taking cognizance against a person other than the “drawer” of the cheque. [(2023-4)212 PLR 177]

2.1k

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

  • Membership Account
  • LATEST
  • P&H
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • SERVICE
  • ARB
  • BANKING
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • Tenancy

© 2023 JNews - Premium WordPress news & magazine theme by Jegtheme.

  • Login
  • Sign Up
  • Log In
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
Download and Print outs

Subscribers can take a print out of the FULL JUDGMENT by clicking on the “PDF” printer sign on the top right (above the judgment)

 

Punjab Law Reporter

Full text with judgments is available only for Subscribers. Take your TRIAL PACK (free – see below) today.

PLRonline.in Subscription also forms part of the Punjab Law Reporter annual subscription @ Rs. 3400/-

PLRonline subscription @ Rs. 1500/- . Call 9463598502

Click here for activating Trial Pack

 

Save PLRonline.in APP!

Save
×

Please click

Team  PLRonline
Click for support Team PLRonline

Supreme Court Online is also available on Whatsapp, Telegram, Instagram, Email. Join  us here!

× Join