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Madhya Pradesh High Court · body

2016 DIGILAW 121 (MP)

Vishal @ Bakka v. State of M. P.

2016-02-16

ALOK VERMA

body2016
ORDER 1. This criminal revision is directed against the order passed by learned Additional Sessions Judge, Khhachrod, District Ujjain in Sessions Trial No.56/2015 dated 19.2.2015 by which learned Judge framed charges against the present applicants under sections 365, 364A, 323 (three counts) and 506 Part-2 of IPC. 2. According to the prosecution story, the incident took place on 24.10.2014. One Vinod, it is alleged, was taken forcibly on the motorcycle by the accused persons and there, he was beaten and also threatened to change his version in murder trial which accused persons were facing and in which, during trial, his statement was already recorded. Subsequently, he managed to escape from their custody and came back, however, he sustained some injuries on his body. 3. Counsel for the applicants submits that there was no demand of ransom and, therefore, no charge is made out under section 364A of IPC. Section 364A of IPC reads as under :- 364A. 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 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 intergovernmental organization or any other person] to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.]. 4. It is apparent that section 364A of IPC provides that after kidnapping and abduction, the person threatening to cause death or hurt or conduct of the accused persons is such that had raised reasonable apprehension that such persons would be put to death or hurt etc in order to compel any person to do or abstain from doing any act or to pay a ransom. It is also apparent that threat to cause death or hurt should be for the purpose of, to do or to abstain from doing any act or to pay any ransom. 5. In this case, it is alleged that the victim Vinod was taken by the accused person with a view to compelling him to change his version in murder trial which the accused persons were facing. 5. In this case, it is alleged that the victim Vinod was taken by the accused person with a view to compelling him to change his version in murder trial which the accused persons were facing. Therefore, I find that prima facie, charge under section 364A of IPC is made out. 6. Accordingly, in this view of the matter, this revision is apparently devoid of force, liable to be dismissed and is hereby dismissed.