VidhiSangh

Supreme Court of India · 01/03/2023

RAVI DHINGRA versus THE STATE OF HARYANA

[2023] 2 S.C.R. 164 · 2023 INSC 182

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Summary

Five men were convicted under Section 364A read with Section 149 IPC and sentenced to life for kidnapping a fourteen-year-old schoolboy in Kurukshetra in 2000, holding him overnight and demanding ransom from his father; the Punjab and Haryana High Court affirmed. The Supreme Court set aside the Section 364A conviction and convicted them under Section 363: following Sk. Ahmed, Anil, Vishwanath Gupta and Vikram Singh, the prosecution must prove, beyond kidnapping, a threat of death or hurt or conduct raising a reasonable apprehension of it; the victim's police statement spoke only of a warning not to raise his voice, and his court deposition two years later improved it into a threat to kill with knife and pistol, leaving this ingredient unproved beyond reasonable doubt. The appellants were sentenced to seven years.

Issues

  1. Whether the ingredient of threat to cause death or hurt, or conduct giving rise to a reasonable apprehension of death or hurt, under Section 364A IPC was proved beyond reasonable doubt where the victim's testimony on the threat was a material improvement over his statement to the police.
  2. Whether the conviction should be modified to one under Section 363 IPC.

Provisions considered

Held

Result

Appeals partly allowed; conviction under Section 364A IPC set aside and the appellants convicted under Section 363 IPC with seven years' imprisonment and fine of Rs. 2,000; those who have served more than seven years with remission and paid the fine to be released forthwith if not on bail, others to surrender within four weeks to serve the remainder; appeal of the deceased appellant abated.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 164.