VidhiSangh

Supreme Court of India · 27/02/2025

GAURI MAHTO @ GAURI KUMAR versus THE STATE OF BIHAR

[2025] 2 S.C.R. 2122 · 2025 INSC 817

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Summary

The Supreme Court set aside the appellant's conviction for kidnapping for ransom under Section 364A IPC, holding that the prosecution failed to prove the statutory ingredients: the case rested on an absconding co-accused's confession, the victim and his parents never identified the appellant, ownership of the house of recovery was not investigated, and neither a ransom demand by the appellant nor any threat of death or hurt was proved.

Issues

  1. What ingredients the prosecution must prove to sustain a conviction under Section 364A IPC.
  2. Whether the evidence proved the appellant's involvement in the kidnapping, a ransom demand by him and a threat to cause death or hurt to the child.

Provisions considered

Held

Result

Appeal allowed; conviction and life sentence under Section 364A IPC set aside; the appellant, whose sentence had been suspended, need not surrender and his bail bonds were discharged.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 2122.