Rang Nath Pandey, J. - (1.) Heard Sri Rahul Mishra, learned Amicus curiae as well as Sri Nagendra Bahadur Singh, learned Additional Government Advocate.
(2.) The present jail appeal has been directed against the judgment and order dated 16.12.2010 and 18.12.2010 passed by Special Judge /Additional Sessions Judge, Auraiya in Sessions Trial No. 224 of 2002 arising out of Case Crime No. 237 of 2002 registered under Section 364 A of the Indian Penal Code at Police Station Auraiya, District Auraiya whereby appellants were convicted under Section 364A of the Indian Penal Code and sentenced to undergo life imprisonment with a fine of Rs. 25,000/- each, in default to undergo additional rigorous imprisonment of one year each.
(3.) Learned counsel for the appellants instead giving emphasis to argue the case on merit has contended that neither the contents of the First Information Report nor the statement of victim recorded under Section 164 of Cr.P.C. disclose the availability of ingredients of the provisions of Section 364A of the Indian Penal Code to convict them under that very section. In this regard, he placed the provisions of Section 364A of the Indian Penal Code before this Court, which are as under:- "364A. 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 organization 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.";