P. LIAQUAT ALI KHANversusSTATE OF ANDHRA PRADESH

                                [2009] 6 S.C.R. 493


                               P. LIAQUAT ALI KHAN                        A
                                         v.
                          STATE OF ANDHRA PRADESH
                         (Criminal Appeal No. 665 of 2006)
                                  APRIL 17, 2009
                                                                          B
                    [DR. ARIJIT PASAYAT AND ASOK KUMAR
                                 GANGULY, JJ;]
    ,j



                   Penal Code, 1860 - s.364A - Alleged kidnapping .of
             minor child for ransom - Role of accused - Held: On facts,   c'
             demand of ransom was clearly established - Besides, in
             terms of the disclosure made by the accused, the child was
             found confined in a house - Courts below were therefore
             justified in convicting the accused uls.364A.
                                                                          D
                 According to the prosecution, the appellant

... ·-       kidnapped the three year old daughter of PW2 and
             demanded ransom for releasing her; that he asked PW2
             to keep the ransom amount in a bag and place it under a
             culvert; that PW2 placed a bag under the culvert
                                                                          E
             whereupon appellant came there and collected the bag
             and while he was returning back, police officials caught
             hold of him and in terms of the disclosure made by the
             appellant, the kidnapped child was found confined in a
             house. The trial court convicted the appellant under
             s.364A IPC. High Court declined to interfere. Hence the      F
             present appeal.

                 Dismissing the appeal, the Court

                 HELD: s.364-A IPC deals with separate type of G
         J   offence where ransom is a distinguishing feature. In the
             present case, the demand of ransom by accused-
             appellant was clearly established and the role played by
             him was analysed by the trial Court and the High Court.
                                        493                               H
    494       SUPREME COURT REPORTS                 [2009] 6 S.C.R.


A Appellant got written Exts. P2 and P3 in regard to his
  demand for ransom and his house is at a short distance
  from the house of the victim. The evidence on record
  shows that in terms of the disclosure made by the
  accused the child was recovered. The appellant came
s near the culvert and picked up the bag containing money.
  The prosecution case is that the place was indicated
  where the bag was to be kept. The appellant's demand
  for ransom was involved and therefore s.364A has clear ·
  application. [Paras 6 and 8] [497-8-C, F-G]
c       CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
    No. 665 of 2006.

      From the Judgment & Order dated 28.01.2006 of the High
  Court of Judicature Andhra Pradesh at Hyderabad in Criminal
D Appeal No. 488/2004.

        Ranjit Kumar, Guru Krishan Kumar and Srikala
    Gurukrishna Kumar for the Appellants.

      I. Venkata Narayana Reddy and Debojit D. Bharathi
E Reddy for the Hespondents.

          The Judgment of the Court was delivered by

        DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is
F to the judgment of a Division Bench of the Andhra Pradesh
  High Court dismissing the appeal filed by the appellant. The
  learned IV Additional Sessions Judge, Kurnool found the
  accused appellant guilty of offence punishable under Section
  364-A of the Indian Penal Code, 1860 (in short the 'IPC') and
G sentenced him to undergo imprisonment for life.

          2. Background facts in a nutshell are as follows:

        P.W.1 is grandfather and PW-2 is father of the victim minor
  girl- Keerthi. PW-7 is their driver. PW-3 is maid servant, PW-
H 5 is the class tec:icher of Nursery class and PW-6 is Principal,
    P. LIAQUAT ALI KHAN v. STATE OF ANDHRA                  495
         PRADESH [DR. ARIJIT PASAYAT, J.]

of Sri Lakshmi English Medium School, Kurnool. Keerthi aged         A
 about 3 years was studying in Nursery class of the school. On
 03.7.2001 at about 8.30 a.m., PW 7 dropped the girl at the
 school and at about 8.45 a.m, one person came to her class,
 informed PW 5 that parents of the child forgot to give syrup to
 her and on his request, the girl was sent with him to administer   B
the same. After noticing that the child has been carried away
 by him, PW 5 instructed PW 3 to stop him. The said person
did not stop though cautioned by PW 3 and so, she asked PW
.8. who was coming by scooter, to stop that person. 1.tJhen PW
8 stopped him and enquired about the matter, the said person        c
 informed that he was taking the child for administering syrup
 and saying so, he boarded a bus and went away. Thereafter,
 PW 3 went to the shop of PW 4 and enquired from him who
 also informed her about the taking away of the child by the said
 person. Later, PWs 3 and 5 went to PW 6 and informed about
                                                                    0
the incident to her, who in turn informed about the incident to
the parents of the child. The parents came to the school,
searched for the child in N.R. Peta area of Kurnool and
surrounding places. PWs 3 and 5 narrated the physical features
of the kidnapper. PW-12 registered the case on the basis of         E
Ex. P1-report and PW 13 took up further investigation.

     On 4.7.2001, Ex. P2. - letter demanding Rs. 1 crore for
releasing the child was received by PW I, who harided over the
same to PW 13 in the presence of PW 11 under Ex.PS -
panchanama. On 9. 7 .2001, another letter addressed in the          F
name of PW 2 was dropped in the house of PW 9 a neighbour
of PW 1, demanding Rs. 75 lakhs with an instruction to keep
the amount in a bag and place it under a culvert situated after
crossing Radio Station on 10.7.2001, which was handed over
to PW 13 under Ex. P6-panchanama. On 10.7.2001 at about             G
12.30 p.m. on the instructions of PW 13, PW 2 placed a bag
containing papers under the culvert. Mufti police constables,
PW 2, PW 13 and mediators were hiding in nearby throny
bushes around the culvert. At about 1.00 p.m. the accused
came to that place by a scooter, picked up the bag and when         H
    496      SUPREME COURT REPORTS                   [2009) 6 S.C.R.


A he reached the road mufti constables surrounded and caught
  hold of him and on enquiry, accused furnished his particulars.
  In pursuance of Ex. P 7- Statement, he led them to Avanthi
  Nagar Street near House No 2-19-10-12 which was locked
  from outside with a to let board. The accused opened the
B doors and led them to rear side bathroom where the child was
  found. PW-2 identified the child. Ex. P.8 is the said
  panchanama and Ex.P10 is rough sketch showing topography
  of the house where the girl was confined. On requisition by
  police, PW 10- Magistrate conducted test identification parade
c on 21.7.2001.
      After completion of investigation, charge sheet was filed.
  Since the accused persons pleaded innocence, trial was held.
  To substantiate the accusations, thirteen witnesses were
  examined and several documents were exhibited and case
D properties were mari<ed.

        The trial Court held the appellant guilty. In appeal High
    Court declined to interfere.

         3. The basic stand in the present appeal was that contents
E
    of Exh.P2 and P3 were not proved to have been written by the
    appellant and if that aspect is not proved the question of
    kidnapping for ransom does not arise as there was no
    evidence to show that the accused demanded any amount. It
    was also submitted that Section 364-A had no application.
F
        4. Learned counsel for the respondent-State on the other
    hand supported the judgment.

       5. It is to be noted that while granting leave it was restricted
G to the nature of offence only. Learned counsel for the appellant
  submitted that Section 364-A was introduced by Notification in
  the Official Gazette w.e.f. 3.12.1992 The Statement of Objects          ~'"
  and Reasons for the introduction shows that kidnapping for
  ransom is relatable only to cases where intention was to cause
  death or hurt and not to a case of this nature. The object of the
H
      P. UAQUAT ALI KHAN v. STATE OF ANDHRA                   497
           PRADESH [DR. ARIJIT PASAYAT, J.]
  introduction has also been referred to in this regard.              A

       6. Section 364-A deals with separate type of offence. The
  reasons for introduction of the provision need to be noted.
  Sections 364, 365, 366 and 367 deal with various situations
  under Chapter XVI. Accused got written Exts. P2 and P3 and
                                                                      B
  his house is at a short distance from the house of the victim.
  The accused's demand for ransom is involved and therefore
  Section 364-A has clearly application. The evidence on record
  shows that in terms of the disclosure made by the accused the
- child was recovered. The accused came near the culvert and
  picked up the bag containing money. The prosecution case is
                                                                      c
  that the place was indicated where the bag was to be kept. As
  indicated above arrangement was worked out on 10.7.2001
  and the bag was put as indicated by the accused who came
  to collect the same.
                                                                      D
       7. Section 364-A reads as follows:
       "364-A-Kidnapping for ransom etc.- Whoever kidnaps or
       abducts any person or keeps a person in detention after
       such kidnapping or abduction and threatens to cause death
       or hurt to such person or by his conduct gives rise to a       E
       reasonable apprehension that such person may be put to
       death or hurt or cause hurt or death to such person in order
       to compel the Government or a foreign State or
       international inter- governmental organization or any other
       person to do or abstain from doing any act or to pay a         F
       ransom, shall be punishable with death, or imprisonment
       for life and shall also be liable to fine."

        8. Section 364-A deals with separate type of offence
  where ransom is a distinguishing feature. The demand of             G
  ransom has been clearly established and the role played by the
  accused has been analysed by the trial Court and the High
  Court. We find no infirmity in the present appeal to warrant
  interference which is accordingly dismissed.

  B.B.B.                                      Appeal dismissed.       H