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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Supreme Court of India has overturned the conviction under Section 364-A of the Indian Penal Code (IPC) for appellants Neeraj Sharma and Ashwani Kumar Yadav. The bench, comprising Justices Sudhanshu Dhulia and Satish Chandra Sharma, cited a lack of substantial evidence to support the ransom demand crucial for upholding a conviction under the stringent Section 364-A.
The appellants were initially convicted for the abduction and attempted murder of Arjit Sharma, a Class 12th student, who suffered severe injuries leading to the amputation of his right leg. The High Court of Chhattisgarh had upheld their life imprisonment sentences under Section 364-A IPC, which pertains to kidnapping or abduction with ransom demands. However, the Supreme Court, after meticulous examination, noted, "We do not find that there was a demand of ransom as alleged by the prosecution. There is no worthwhile evidence placed by the prosecution in this regard."
In their landmark judgment dated January 3, 2024, the Court observed, "The necessary ingredients which the prosecution must prove, beyond a reasonable doubt, before the Court are not only an act of kidnapping or abduction but thereafter the demand of ransom, coupled with the threat to life of a person who has been kidnapped or abducted, must be there." It was determined that this crucial aspect was not satisfactorily established by the prosecution.
Supreme Court converted the conviction from Section 364-A to Section 364 IPC, which covers kidnapping or abducting in order to murder. The appellants have been sentenced to ten years of rigorous imprisonment, along with a fine of Rs. 10,000 each. Additionally, the Court directed the State of Chhattisgarh to pay Rs. 5,00,000 as compensation to the victim under Section 357A of the Criminal Procedure Code, recognizing the severe impact on the victim's life.
Date of Decision: 03 January 2024
NEERAJ SHARMA VS STATE OF CHHATTISGARH
