Supreme Court of India
Shaik Ahmed v. State of Telangana
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that condition No.2 has also to be fulf illed before ingredients of Section 364A are found to be established.
Judgment, page 15
From the headnote
Penal Code, 1860: s.364A – Essential ingredients – For covering an offence under s.364A, apart from fulfil lment of first condition i.e. “whoever kidnaps or abducts any person or ke eps a person in detention after such kidnapping or abduction”, the s econd condition, i.e., “and threatens to cause death or hurt to suc h person” also needs to be proved in situation the case is no t covered by subsequent clauses joined by “or”. Penal Code, 1860: s.364A – Prosecution case was tha t accused kidnapped 13 years old school boy (PW-2) and telephoned to his father (PW-1) demanding Rs.2 lakhs for
Authorities it was built on
- 2015 Vikram Singh@ Vicky &anr. v. Union of India & Ors.
- 2004 Malleshi v. State of Karnataka
- 2006 Anil@raju Namdev Patil v. Administration of Daman & Diu, Daman and Anr.
- 2007 Suman Sood @ Kamal Jeet Kaur v. State of Rajasthan
- 1999 Hyderabad Asbestos Cement Products and Anr. v. Union of India and Ors.
- 2007 Vishwanath Gupta v. State of Uttaranchal
Where later benches applied it
Of those, 1 relied on
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