Supreme Court · 2021 INSC 308 · Decided 28 June 2021
Shaik Ahmed v. State of Telangana
- Court
- Supreme Court of India
- Citation
- 2021 INSC 308 · [2021] 6 S.C.R. 462
- Case number
- CRIMINAL APPEAL No. 533/2021
- Decided
- 28 June 2021
- Bench
- ASHOK BHUSHAN, R. SUBHASH REDDY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 364A
Headnote
Penal Code, 1860: s.364A - Essential ingredients - For covering an offence under s.364A, apart from fulfillment of first condition i.e. "whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction", the second condition, i.e., or hurt to such person" also needs to be proved in situation the case is not covered by subsequent clauses joined by "or". Penal Code, 1860: s.364A - Prosecution case was that accused kidnapped 13 years old school boy (PW-2) and telephoned to his father (PW-1)
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