Case Facts:
Patna High Court CR. APP (DB) No.482 of 2012 (4) dt.29-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.482 of 2012 ====================================================== Munna Kumar Son of Nand Kishore Prasad, resident of village- Dharohara, P.S.- Chiraiya, District- East Champaran .... .... Appellant/s Versus 1. The State Of Bihar 2. Munchun Sah son of Ramekbal Sah, R/o village- Dharohara, P.S.- Chiraiya, District- East Champaran .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. D.K. Tondon, Advocate For the Respondent/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 4 29-06-2012 The appellant has challenged the judgment dated 1st February, 2012 passed by the learned Additional Sessions Judge VIth, East Champaran, Motihari in Sessions Trial No. 1056 of 2007 arising out of Chiraiya P.S. Case No. 35 of 2004 G.R.No. 254 of 2004 under [STATUTE] whereby the opposite party no. 2 was acquitted from the charges levelled against him. The sole accused opposite party no. 2 Munchun Sah was put on trial for the offence under [STATUTE] on the allegation that the informant’s grand son Munna Kumar aged about 8 years was kidnapped and later on Munna was released from the custody of the kidnappers after payment of ransom amount Rs. 80,000/-. Further allegation was Patna High Court CR. APP (DB) No.482 of 2012 (4) dt.29-06-2012 that nine months after the incident, accused again came to the house of the informant and demanded Rs. 25,000/- by way of Rangdari. On perusal of the judgment it appears that the trial court after considering the various contradictions between the ocular evidence and the evidence of the I. O., the accused was held not guilty. Learned counsel for the appellant submitted that at least conviction under [STATUTE] should have been recorded. The trial court has given sound reason in disbelieving the testimony of ocular evidences which requires no interference of this Court. This appeal is held to be without merit and it is accordingly, dismissed. avin/- (Shyam Kishore Sharma, J.) (Amaresh Kumar Lal, J.)

Applicable IPC Section: 364A

Statute Text:
Section 364A of the Indian Penal Code. Kidnapping for ransom, etc. Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.