AKRAM KHANversusSTATE OF WEST BENGAL

              [2011] 13 (ADDL.) S.C.R. 459


                      AKRAM KHAN                                  A
                             v.
               STATE OF WEST BENGAL
           (Criminal Appeal No. 2248 of 2011)

                  DECEMBER, 05, 2011
                                                                  B
    [P. SATHASIVAM AND J. CHELAMESWAR, JJ.]

    PENAL CODE, 1860:

     ss. 364-A and 120-B - Kidnapping of a minor boy for          c
ransom - Conviction and sentence of imprisonment for fife
awarded by trial court, affirmed by High Court - Out of three
convicts, one filing the appeal - Held: From the evidence of
the witnesses, it is clearly established that the accused
persons, particularly, the appellant, kidnapped the minor boy     0
of the complainant, demanded ransom from him for release
of the child and also threatened that if the demand was not
met his son would be killed -The High Court was right in
maintaining the conviction and the sentence and its judgment
does not suffer from any infirmity- Sentence/Sentencing.
                                                                  E
    SENTENCE/SENTENCING:

     Sentence uls 364A I PC - Object of - Held: The
statement of objects and reasons introducing s.364A in the
!PC makes it clear that cases relating to kidnapping for          F
ransom is a crime which cailed for a deterrent punishment,
irrespective of the fact that kidnapping had not resulted in
death of the victim - Considering the alarming rise in
kidnapping of young children for ransom, the legislature in its
wisdom provided for stringent sentence - Therefore, in such       G
cases no leniency is to be shown in awarding sentence, on
the other hand, it must be dealt with in the harshest possible
manner and an obligation rests on the courts as well - Penal
 Code, 1860 - s. 364A.
                             459                                  H
     460 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.

·A     The appellant along with 7 others was prosecuted for
   kidnapping a minor boy (PW 2) for ransom. The
   prosecution case was that on 17.3.2000, PW 2 was found
   missing from his house in the city of Calcutta. His father
   (PW 3) reported the matter to the police the same day.
B Later on, PW 3 received telephone calls from unknown
   persons demanding a ransom. The callers went on
  demanding the ransom from different places. In the night
  of 13.4.2000, a raid was conducted by the Calcutta Police
  along with the help of the Bihar Police and they arrested
c five accused including the appellant from Bhagalpur in
  Bihar and PW 2 was rescued from the house of one of
  the accused. Subsequently, one accused, who was an
  ex-employee of PW 3, was arrested in Calcutta. Two more
  persons were arrested thereafter. The trial court
  convicted seven accused u/ss 364A and 120-B IPC and
0
  sentenced them, inter alia, to imprisonment for life under
  each of the two counts, but the sentences were made to
  run concurrently. On appeal, the High Court confirmed
  the conviction and sentence cf four accused including
  the appellant and acquitted the remaining three on
E benefit of doubt. Aggrieved, the appellant alone filed the
  appeal.

         Dismissing the appeal, the Court

F      HELD: 1.1 The specific charge against the appellant
  accused is for offences punishable u/ss. 364-A and 120-
  B IPC. If it is established that the offender after
  kidnapping a person keeps the said person in detention
  or threatens to cause death or hurt to such person in
  order to compel any other person to pay a ransom,
G undoubtedly, s. 364A is attracted. [Para 8) [466-E-G]
         Ma//eshi v. State of Kamataka, 2004 (4) Suppl. SCR 441
     = (2004) 8 SCC 95; and Vinod vs. State of Haryana, 2008
     (1) SCR 1141 =AIR 2008 SC 1142 - relied on
H
   AKRAM KHAN v. STATE OF WEST BENGAL                461


     1.2 The prosecution case relates to kidnapping of a A
minor boy, from his lawful guardian (PW-3), and then
keeping him in detention. Thereafter, the appellant and
other accused persons, started giving threat calls in order
to extort huge amount of money from the father of the
kidnapped boy and also threatened him that in the event B
of his failure to respond to such ransom calls, the boy in
custody would be murdered. The victim himself was
examined as PW-2. He wcls a student of Class IV at the
relevant time. He being a child witness, the trial Judge,
after satisfying his capacity to depose, accepted his c
evidence to the extent that he was kidnapped and
detained in a house and the appellant made telephone
 calls demanding ransom and also threatened PW-2 on
 various occasions. [Para 11] [467-F-H; 468-F-G]

     1.3 The other witness is PW-3, the father of the victim D
boy. He not only disclosed how his minor son was taken
by the accused persons including the appellant and kept
in a far away place in order to get ransom, but also
explained the threat received from the accused and failing
compliance of their demand they threatened that his son E
would be killed. Inasmuch as PW-3 was subjected to
extensive cross-examination and he withstood his stand,
the trial Judge as well as the High Court accepted his
testimony in toto. [Para 12] [468-H; 470-H; 471-A-B]
                                                            F
     1.4 The other main witnesses are PWs 6 and 7. PW-
6 is a newspaper vendor. It was he who accompanied
PW-3 in search of PW-2 pursuant to the threat call from
the accused. He corroborated the statement of PW-3 in
all aspects. PW-7, a resident of Bhagalpur, Bihar, was G
working as an employee of public telephone booth. He
deposed that the appellant and another accused visited
the booth on several occasions, and on 2-3 occasions
with a child, to make telephone calls. The evidence of PW-
7 corroborates with the evidence of PW-3, who stated H
     462   SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.


A that that he had received 8 or 9 calls from the accused
  persons demanding ransom for release of his son. [Para
  13, 14 and 17) [471 ·B-F; 472·0]

      1.5 From the evidence of PWs-3, 6 and 7, it is clear
  that the accused persons, particularly, the appellant,
8
  demanded ransom from PW-3 for the release of his child
  and he also threatened that if his demand was not met,
  he would kill his son. There is no reason to disbelieve the
  version of PWs-3, 6 and 7. [Para 15] [471-G]

C       2. Section 364A was introduced in the IPC by virtue
   of Amendment Act 42 of 1993. The statement of objects
   and reasons makes it clear that kidnapping for ransom
   is a crime which calls for a deterrent punishment,
   irrespective of the fact that kidnapping had not resulted
D in death of the victim. Considering the alarming rise in
   kidnapping of young children for ransom, the legislature
  in its wisdom provided for stringent sentence. Therefore,
  the Court is of the view that in SU\ ti cases, no leniency
  be shown in awarding sentence; on the other hand, it
E must be dealt with in the harshest possible manner and
  an obligation rests on the courts as well. In the case on
  hand, the High Court was right in maintaining the order
  of conviction and sentence of the appellant and the
  impugned judgment of the High Court does not suffer
F from any infirmity to warrant interference. [Para 22) [473-
  D-G-H; 474-A-B]

        Mui/a and Another vs. State of Uttar Pradesh (2010) 3
    sec 508 - relied on.
G                      Case Law Reference:
        2004 (4) Suppl. SCR 441 relied on          para 16
       2008 (1) SCR 1141          relied on        para 18
       (201 O) 3 sec 508          relied on        para 21
H
    AKRAM KHAN v. STATE OF WEST BENGAL                     463


    CRIMINAL APPELLATE JURISDICTION: Criminal Appeal                A
No. 2248 of 2011.

    From the Judgment & Order dated 29.06.2010 of the High
Court at Calcutta in C.R.A. No. 198 of 2006.

    Pranab Kumar Mullick, Vishavranjan, Soma Mullick for the        B
Appellant.

    Chanchal Kr. Ganguli, Abhijit Sengupta, Tara Chandra
Sharma for the Respondent.

    The Judgment of the Court was delivered by
                                                                    c
    P. SATHASIVAM, J. 1. Leave granted.

     2. This appeal is directed against the final judgment and
order dated 29.06.2010 passed by the High Court at Calcutta         o
in C.R.A. No. 198 of 2006 whereby the High Court acquitted
three out of seven accused persons giving them the benefit of
doubt and affirmed the conviction and sentence of the appellant
herein and other three accused persons awarded by the
Additional Sessions Judge, 6th Fast Track Court, Calcutta by        E
order dated 17.02.2006 in S.C. No. 80 of 2000 and S.T. No.
4(3) of 2001.

     3. Brief facts:
     (a) The prosecution case, in short, is that in the afternoon   F
of 17.03.2000, which was a Bakrid day, a minor boy named
Vicky Prasad Rajak (PW-2) was found missing. Mahendra
Prasad Rajak (PW-3)-father of the boy (the Complainant)
reported the matter in the Park Street Police Station which was
recorded vide GD Entry No. 1504 dated 17.03.2000. Later on,         G
the boy's father received telephone calls from unknown persons
demanding ransom of Rs.10 lakhs and Park Street P.S. Case
 No. 117 dated 20.03.2000 under Section 363A of the Indian
 Penal Code, 1860 (in short "IPC") was amended to Section
                                                                    H
    464    SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.


A 364A IPC and a case was registered against unknown
  persons.
       (b) On 21.03.2000, again the complainant received a call
  where the caller told him that he had the money because of the
  sale of the shop, however, the ransom demanded was reduced
8
  to Rs. 7 lakhs. The caller also threatened him that if the ransom
  is not paid, his son would not remain alive. There were further
  telephone calls on other dates and, ultimately, on 01.04.2000,
  the ransom was reduced by the caller to Rs. 3 lakhs.

C       (c) Again on 04.04.2000, the Complainant received a
   telephonic message asking him to go to Jamalpur Railway
   Station with Rs.3 lakhs wearing a black coloured shirt. He
   informed the same to the Lalbazar Police Station. He along with
   his relative and the police in civil dress, went to Jamalpur
D Railway Station but none approached. On enquiry from his wife,
   he learnt that another call had been received whereby the caller
   asked him to go to Sahebgunj Station by Danapur Express.
   Then they proceeded to Sahebgunj Station by that train and
  during the journey one Afsal @ Fazo asked the Complainant
E to get down at the next station i.e. Ghoga, where he would have
  to hand over the ransom but he refused to get down and went
  to Sahebgunj but none approached, they came back. Again on
   13.04.2000, the complainant received a message from the
  caller to come at Ghoga Railway Station. When they went there,
F none came. At night, a raid was conducted by the Calcutta
  Police along with the help of Bihar Police and they arrested five
  accused persons, namely, Md. Kalim @ Kalu, Akram Khan,
  Afsal Khan @ Fazo, Md. Javed and Md. Mehtab from different
  places in Bhagalpur and the kidnapped boy was rescued from
  the house of Mehatab. Later, one of the associates of the
G accused persons, namely, Md. Zakir Khan was arrested in
  Calcutta. It was revealed that Zakir Khan was an ex-employee
  of the father of the kidnapped boy in his tailoring shop which
  he had sold. Two more associates, Nazamul Khan and Md.

H
    AKRAM KHAN v. STATE OF WEST BENGAL                      465
             [P. SATHASIVAM, J.]
Dilshad, who took part in the commission of offence, were also       A
arrested.

     (d) The police filed charge sheet against all the eight
accused persons for the offence punishable under Sections
364A/1208 read with 34 IPC. On 13.11.2000, the case was B
committed by the Metropolitan Magistrate, 9th Court, Calcutta
to the Court of Sessions. Vide judgment dated 17.02.2006, the
Additional Sessions Judge sentenced seven accused persons
to undergo imprisonment for life and to pay a fine of Rs.5,000/
- each, in default, to suffer rigorous imprisonment for one year C
each for commission of offence under Section 364A IPC and
further imprisonment for life and to pay a fine of Rs.3,000/-
each, in default, to suffer rigorous imprisonment for one year
each for commission of offence under Section 120B IPC and
 both sentences were to run concurrently. However, Md. Nazamul
 Khan, one of the accused was acquitted as not found guilty.     D

     (e) Against the said judgment, all the seven accused
persons including the appellant herein filed an appeal being
C.R.A. No. 198 of 2006 before the High Court at Calcutta. By
the impugned judgment dated 29.06.2010, the High Court               E
acquitted Md. Javed, Md. Dilshad and Md. Mehtab giving them
the benefit of doubt and affirmed the conviction and sentence
imposed on Akram Khan-appellant herein, Afzal Khan @ Fazo,
Md. Zakir Khan and Md. Kalim@ Kalu.

     (f) Being aggrieved by the said judgment, Akram Khan-           F
 appellant herein alone has filed this appeal by way of special
 leave before this Court.

     4. Heard Mr. Pranab Kumar Mullick, learned counsel for
 the appellant-accused and Mr. Chanchal Kr. Ganguli, learned         G
 counsel for the respondent-State.
     5. Learned counsel for the appellant, after taking us through
 the evidence led in by the prosecution and the defence,
 decision of the trial Court and the impugned order of the High          H
     466    SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.


 A Court, submitted that the prosecution has not established its
   case for offence punishable under Section 364A IPC and, in
   any event, at the most, it is punishable under Section 363 IPC
   for kidnapping alone. He further contended that the maximum
   punishment provided for kidnapping under Section 363 IPC is
 B seven years and inasmuch as the appellant has served 11
   years 7 months, the period already undergone would satisfy the
   prosecution case and he may be ordered to be released
   forthwith.

        6. On the other hand, learned counsel for the respondent-
C State contended that in the light of the categorical evidence of
   Naresh Kr. Rajak-PW-6 (close relative of PW-3) and Prantosh
   Kumar Gupta-(PW-7) (an employee of <'. Public Telephone
   Booth), which corroborated with the evidence of PWs 2 and 3,
  and in view of the fact that the prosecutio.11 has established its
D charge, namely, kidnapping for ransom (Section 364A IPC),
  the punishment of life sentence imposed by the trial Court as
  affirmed by the High Court is appropriate and no interference
  is called for by this Court.

E       7. We have carefully perused all the relevant materials and
    considered the rival contentions.

       8. It is true that if it is a simple case of kidnapping in terms
  of Section 363 IPC, the offender shall be punished with
  imprisonment of either description for a term which may extend
F to seven years and shall also be liable to fine. Here, the specific
  charge against the appellant-accused is under Sections 364A
  and 1208 IPC. If it is established that the offender after
  kidnapping a person keeps the said person in detention or
  threatens to cause death or hurt in order to pay ransom,
G undoubtedly, Section 364A attracts. The said provision reads
  as under:

         "364A. Kidnapping for ransom, etc. - Whoever kidnaps
         or abducts any person or keeps a person in detention after
H        such kidnapping or abduction and threatens to cause
   AKRAM KHAN v. STATE OF WEST BENGAL                   467
            [P. SATHASIVAM, J.]
   death or hurt to such person, or by his conduct gives rise A
   to a reasonable apprehension that such person may be put
   to death or hurt, or causes hurt or death to such person in
   order to compel the Government or any foreign State or
   international inter-governmental organization or any other
    person to do or abstain from doing any act or to pay a B
    ransom, shall be punishable with death, or imprisonment
    for life, and shall also be liable to fine."

    9. Now let us consider whether the prosecution has
established its case for the offence punishable under Section   C
364A IPC beyond reasonable doubt?

     10. The appellant herein was one of the seven accused
who were found guilty under Sections 364A and 120B IPC and
they were convicted and sentenced to imprisonment for life and
to pay a fine of Rs.5,000/- each for commission of offence D
under Section 364A IPC. They were also sentenced to suffer
imprisonment for life and to pay a fine of Rs.3000/- for
commission of the offence under Section 1208 IPC and
sentences were to run concurrently. No doubt, three accused
persons, namely, Md. Javed, Md. Dilshad and Md. Mehtab were E
acquitted of all the charges by the High Court. The appellant
herein is one among the other accused convicted by the High
Court. The other accused persons have not challenged the
conviction before this Court except the appellant herein.
                                                                F
     11. The prosecution case, as stated earlier, relates to
kidnapping of a minor boy, Vicky Prasad Rajak from his lawful
guardian - Mahendra Prasad Rajak (PW-3) and then keeping
him in detention. Thereafter, the appellant and other accused
persons, started giving threat calls in order to extort huge
amount of money from the father of the kidnapped boy and also G
threatened him that in the event of his failure to respond to such
ransom calls, the boy in custody would be murdered. The victim
himself was examined as PW-2. The victim boy was a student
of Class IV at the relevant time. He being a child witness, the
Court has to satisfy that he is capable of understanding the H
     468   SUPREME COURT REPORTS (2011) 13 (ADDL.) S.C.R.

 A events. In his evidence, the victim boy - PW-2 has stated that
     on 17.03.2000 which was Bakrid Day and the school was
     closed. According to him, when he along with his friend, Kase,
     was offering leaves to the goats, a man came there and asked
     him to accompany him so that he could purchase some
 B chocolates for him. He along with Kase went with him. At first,
     they went to the shop of one Mintu in front of their house. The
     man was having 10 rupees note but the shopkeeper Mintu did
     not have change. Kase went back and thereafter they went to
    the other shop which was closed. They went a bit further and
c got into a taxi and he was taken to a house in Kalabagan. They
    stayed there for sometime. Thereafter, he was taken in a bus,
    route No. 71 to Tikiapara, Howrah and from there he was taken
    to a room of another person. That person was not in his house
    at that time but when he came back, he was offered some food.
D Thereafter, he was taken to Sealdah Station where Zakir was
    present. Zakir used to work at the tailoring shop of his father.
    Thereafter, they boarded a train and next morning they got down
    at a station named Ghoga. From there, they took a cycle
    rickshaw and went to a house. He further deposed that in that
E house two men were present inside the room and they were
   Akram, the appellant herein and Afzal Khan @ Faze. PW-2
   identified them in the Court along with the first person - Md.
   Kalim @ Kalu. He also deposed that two women were also
   present there. He was kept there for 5 to 6 days and the
   accused Md. Kalim @ Kale was with him in the said house.
F He also explained that several times he was taken to the STD
   telephone booth. He also deposed that at the time of making
  telephone calls, the appellant-accused threatened him. The trial
  Judge, after satisfying his capacity to depose, accepted his
  evidence to the extent that he was kidnapped and detained in
G a house and another person-the present appellant, made
  telephone calls demanding ransom and also threatened PW-2
  on various occasions.

       12. The other witness heavily relied on by the prosecution
H is Mahendra Prasad Rajak (PW-3), the father of the victim boy
    AKRAM KHAN v. STATE OF WEST BENGAL                   469
             [P. SATHASIVAM, J.]
(PW-2). In his evidence, he stated that he along with his family A
members including PW-2 were residing at Premises No.
10BA, Elliot Road, Calcutta. Apart from the victim (PW-2), he
hf!S two minor sons younger to him. He was engaged as a
salesman at A.C. Market at the relevant time and was also
 owning a shop bearing No. B-3 in A.C. market. Besides this, B
 he had a tailoring shop at 45 Gardner Lane, Calcutta, near
 Ripon Lane. The said tailoring shop had been sold away in
 February, 2000. He had two employees in the said tailoring
 shop by name Ashok Mondal and Zakir Khan. He informed
 further that three years prior to sale, Ashok Mondal had been c
 relieved from his employment and Zakir Khan had been
 continuing as an employee. After the sale of the tailoring shop,
  he paid Zakir Khan cash of Rs. 20,000/-, a sewing machine
  and a bicycle. On 17.03.2000, which was a Bakrid day, when
  he went to his shop at 10:00 a.m., at around 01 :00 p.m., he 0
  received a telephone from his wife stating that their son was
  missing for the last one hour. After making search, he made a
  complaint to the police. Even after announcement in the locality,
  he could not get his son back. While so, on the evening of
  19.03.2000, he received a telephone call demanding a ransom
  of Rs. 10 lakhs for his missing child Vicky Prasad Razak (PW- E
  2). He was informed that his missing son was with him but he
  had not stated his name or place where his son was stationed.
  After half an hour, the very same person asked over telephone
   not to give information to local police about the same. PW-3
   further explained that on 20.03.2000, he informed the local F
   police about the two telephonic messages received on the
   previous day. The same was recorded by the police officer. On
   21.03.2000, he received another telephonic message wherein
   the person on the other side had stated that he had money
   because of the sale of tailoring shop, however, reduced the G
   quantum of ransom to Rs. 7 lakhs to be paid to him otherwise
    his missing son would not remain alive. After his threat, the
    unknown person also arranged to make a call by his son to
    speak to him (PW-3) over telephone in order to act quickly. On
    25.03.2000, he received another telephonic message enquiring H
     470   SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.


 A whether he had arranged ransom. On 26.03.2000, he received
      another telephonic message stating that the ransom war.:
      reduced to Rs. 5 lakhs and asked him to have a talk with his
      son Vicky who stated to take him back quickly. On 01.04.2000,
      he received another telephonic message by which the quantum
 B of ransom was further reduced to Rs. 3 lakhs. PW-3 agreed to
     pay the said amount but the person on the other side informed
     that the place of exchange of ransom would be made known
     to him l~ter. On 02.04.2000, when he was coming back from
     the temple after offering puja, he found that his inmates were
 c crying on hearing that his missing son had been killed and they
     had received such information over phone. Again on
    04.04.2000, he received a telephonic message from the same
    person stating that his son was alive and had not been killed.
    The caller asked him to come to Jamalpur Railway Station with
    Rs. 3 lakhs wearing a black coloured shirt and accompanying
0
    one of his relatives. On 13. 04.2000, he re.ceived another
    telephonic message from the mi~creants asking him to go to
    Ghoga Railway Station on 15.04.2000 with Rs. 3 lakhs and a
    relative wearing a black coloured shirt. He informed all the
E details to the police and started for Ghoga but when they
   reached there, none approached. At night, a raid was
   conducted by the Calcutta Police along with Bihar Police and
   the accused were arrested and the boy was rescued from the
   house of one Mehtab. During search, the police also recovered
   one pistol and two cartridges under the bed of one Afzal Khan
F @ Faze. In the evidence, he further informed the Court that he
   received telephonic messages 8 or 9 times from the miscreants
   and every time they threatened him that unless the money is
   brought in, his son would be killed. In his cross-examination,
   PW-3 explained the statement made before the police officer -
G on various dates i.e. on 17.03.2000, 20.03.2000, 04.04.2000,
   11.04.2000 and 18.04.2000, when he got back his son. In his
  evidence, PW-3 not only disclosed how his minor son was-
  taken by the accused persons including the appellant herein and
  kept in a far away place in order to get ransom. PW-3 alsc
H explained the threat received from the accused and failin'---
     AKRAM KHAN v. STATE OF WEST BENGAL                    471
              [P. SATHASIVAM, J.]
compliance of their demand they threatened that his son would     A
be killed. Inasmuch as PW-3 was subjected to extensive cross-
examination and he withstood his stand, the trial Judge as well
as the High Court accepted his testimony in toto.

     13. Apart from the evidence of PW-3, the prosecution
                                                                  B
heavily relied on the evidence of PWs 6 and 7. PW-6 is a
newspaper vendor. In his evidence, he accepted that PW-3 is
his close relative. It was he who accompanied PW-3 in search
of PW-2 pursuant to the threat call from the accused. He
corroborated the statement of PW-3 in all aspects.
                                                                  c
     14. The next witness relied on by the prosecution is PW-
7, a resident of Ekchari Bazar, Kahelgaon, Bhagalpur, Bihar.
He was working as an employee of public telephone booth
owned by one Vikas Singh. He deposed that he came to know
of Akram-appellant herein from one Javed, who is a resident       D
of the house situated contiguous to their telephone booth. He
further deposed that Javed told him that Akram was his
maternal uncle and he was a resident of Ghoga. PW-7 further
informed the Court that the said Akram visited their booth on
8/10 occasions. On 2 or 3 occasions, he came to his booth         E
along with one child. The other person Javed also visited the
booth on 2/4 occasions with a view to make telephone calls.
PW-7 also informed the Court that the child accompanied
Akram also used to talk over phone as directed by him.

     15. From the evidence of PWs-3, 6 and 7, it is clear that    F
the accused persons, particularly, the appellant herein
demanded ransom from PW-3 for the release of his child and
he also threatened that unless his demand is met, he would kill
his son. There is no reason to disbelieve the version of PWs-
3, 6 and 7.                                                       G

     16. In Malleshi vs. State of Kamataka, (2004) 8 SCC 95,
while considering the ingredients of Section 364A /PC, this
Court held as under:
                                                                  H
    472    SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.


A         "12. To attract the provisions of Section 364-A what is
          required to be proved is: (1) that the accused kidnapped
          or abducted the person; (2) kept him under detention after
          such kidnapping and abduction; and (3) that the
          kidnapping or abduction was for ransom ..... "
B
    To pay a ransom, as stated in the above referred Section, in
    the ordinary sense means to pay the price or demand for
    ransom. This would show that the demand has to be
    communicated.

C      17. We have already pointed out the evidence of PW-3
  that he had received 8 or 9 calls from the accused persons
  demanding ransom for release of his son and the evidence of
  PW-7, an employee of a public telephone booth. also
  corroborates with the evidence of PW-3 who deposed that the
D calls were made on several occasions by the appellant from
  the telephone booth and on 2 or 3 occasions along with the child.

       18. In Vinod vs. State of Haryana, AIR 2008 SC 1142,
  while reiterating the principles enunciated in Malleshi (supra),
  this Court accepted the case of the prosecution and confirmed
E the conviction and sentence of life imprisonment imposed
  under Section 364A /PC.

          19. Though learned counsel for the appellant submitted that
    the case falls only under Section 363, namely, mere kidnapping
F   and not under Section 364A i.e., Kidnapping for ransom, in the
    light of the acceptable evidence led in by the prosecution, relied
    on and accepted by the trial Court and the High Court, we reject
    the said contention.

G        20. Now, we have to see whether the sentence imposed
    by the trial Court and confirmed by the High Court is
    appropriate or not? We have already extracted Section 364A
    in the earlier paras which stipulates that if the prosecution
    establishes beyond doubt that the kidnapping was for ransom,
H
    AKRAM KHAN v. STATE OF WEST BENGAL                       473
             [P. SATHASIVAM, J.]
the sentence provided in this Section is death or imprisonment       A
for life and also be liable to fine.

    21. In Mui/a and Another vs. State of Uttar Pradesh (2010)
3 SCC 508, after considering various earlier decisions, this
Court held as under:-                                                B
    "67. It is settled legal position that the punishment must fit
    the crime. It is the duty of the court to impose proper
    punishment depending upon the degree of criminality and
    desirability to impose such punishment. As a measure of
    social necessity and also as a means of deterring other          C
    potential offenders, the sentence should be appropriate
    befitting the crime."

We fully endorse the above view once again.

     22. It is relevant to point out that Section 364A had been      D
introduced in the IPC by virtue of Amendment Act 42 of 1993.
The statement of objects and reasons are as follows:-

    "Statement of Objects and Reasons.-Kidnappings by
    terrorists for ransom, for creating panic amongst the            E
    people and for securing release of arrested associates
    and cadres have assumed serious dimensions. The
    existing provisions of law have proved to be inadequate
    as deterrence. The Law Commission in its 42nd Report
    has also recommended a specific provision to deal with           F
    this menace. It [was] necessary to amend the Indian
    Penal Code to provide for deterrent punishment to
    persons committing such acts and to make
    consequential amendments to the Code of Criminal
    Procedure, 1973."                                                G
It is clear from the above the concern of Parliament in dealing
with cases relating to kidnapping for ransom, a crime which
called for a deterrent punishment, irrespective of the fact that
kidnapping had not resulted in death of the victim. Considering
the alarming rise in kidnapping young children for ransom, the       H
    474    SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.


A legislature in its wisdom provided for stringent sentence.
  Therefore, we are of the view that in those cases whoever
  kidnaps or abducts young children for ransom, no leniency be
  shown in awarding sentence, on the other hand, it must be dealt
  with in the harshest possible manner and an obligation rests
B on the courts as well. In the case on hand, we are satisfied that
  the High Court was right in maintaining the order of conviction
  and sentence of the appellant herein and we are satisfied that
  the impugned judgment of the High Court does not suffer from
  any infirmity to warrant interference.
c       23. Consequently, the appeal fails and is accordingly
    dismissed.

    R.P.                                       Appeal dismissed.