The wording itself suggests that when kidnapping is done with the threat to cause death or hurt to the kidnapped person or gives a reasonable apprehension that some person may be done to death or hurt or compels any Government, any foreign State or international inter-governmental organization or any person to pay a ransom, the offence is complete. Here was a case, where the accused persons in a daring day light bid kidnapped a child, right in the presence of his mother and caused hurt to her, which was in the nature of grievous hurt and on the top of it, demanded a ransom of 5 lacs of rupees in writing for the life of the child. We have gone through the original note Exh. PD, which clearly brings out the threat to the life of the child in case the ransom money is not paid. In our considered opinion, there would be no other offence, but the one under Section 364A. The ransom note is proved to be in handwriting of A-4 Chander Bhan and it was not an individual act of Chander Bhan, but as many as 3 appellants, who were together in whisking away the child from his mother. A-5 Tejpal must be presumed to have the idea, because he immediately and knowingly joined the bandwagon. It is, therefore, clear that all the accused persons have, undoubtedly, committed the offence under Section 364A and the Courts below were right in convicting them for the offence, as also awarding them the life imprisonment for the same. We find no merit in the Appeal. The Appeal is dismissed.”
