INTRODUCTION

The appellant, Malleshi, was found guilty of kidnapping for ransom under Section 364A of the Indian Penal Code (IPC) in the case of Malleshi vs. the State of Karnataka, which was determined on September 15, 2004. After being convicted guilty of kidnapping college student Vijaybhaskar and requesting a ₹4,00,000 ransom, Malleshi was given a life sentence.

The event started when someone posing as his father’s associate tricked Vijaybhaskar into getting into a car. After that, he was brought to a remote area and detained against his will. Vijay Bhaskar received a ransom demand from the kidnappers, who intended to inform his family of it. But with the assistance of the car’s driver, Vijay Bhaskar could flee before the ransom could be paid. Because he warned the villagers, Malleshi and the other accused were taken into custody.

Malleshi contended in his defense that the fundamental requirements of Section 364A IPC were not met, namely the need to inform the victim’s family of the ransom demand immediately. The Supreme Court heard the case and reviewed whether or not such communication was required for the offense to be deemed complete.

The Court ruled that, whether or not the intended receiver receives the ransom demand, the offense under Section 364A IPC is completed at the time it is made. The demand made to the kidnapped victim in this instance was adequate to satisfy the legal criteria. The Supreme Court maintained Malleshi’s conviction and life sentence on the basis of this justification. This ruling highlights the gravity of kidnapping for ransom and provides clarification on how Section 364A IPC should be interpreted, underscoring the importance of the perpetrator’s intent and communicating the ransom demand as essential components of the crime.

FACTS OF THE CASE

According to Section 364A of the Indian Penal Code, Malleshi (Accused No. 1) was found guilty of kidnapping Vijayabhaskar (PW 2), a first-year B.Sc. student at S.J.M. College in Chitradurga, with the intention of demanding ransom. Vijayabhaskar and his classmate Jagadish (PW 3) commuted daily to Chitradurga from his uncle’s home in Challakere.

Vijayabhaskar, Jagadish, and their friend Raghavendra (PW 4) departed the institution on November 25, 1997, after completing practical lessons. Malleshi then approached Vijayabhaskar, claiming to know his father, Hanumantha Rao, and expressing interest in getting his son admitted to the college. Malleshi escorted Vijayabhaskar to a Trax vehicle and asked him to see his son under this guise. Three more people got on board, and the two-driver jeep started in the direction of Challakere.

Vijayabhaskar had good treatment at first, but he was eventually threatened with murder if he objected. The kidnappers first sought ₹4,00,000 in ransom but then lowered their demand to ₹2,00,000. According to Vijayabhaskar, his family was only able to borrow ₹50,000. When the jeep drivers stopped close to Byrapur village, they told Vijayabhaskar to get out while the kidnappers purchased smokes. He ran away, warned the people, and came back with them to encircle the jeep. The kidnappers were caught by the villagers, who then reported them to the police station in Molakalmurnu. Following Vijayabhaskar’s allegation, the case was forwarded to Chitradurga Rural Police, where the culprit was charged.

The prosecution used the testimony of Vijayabhaskar (PW 2), Jagadish (PW 3), and Raghavendra (PW 4) during the trial. PWs 3 and 4, who saw Vijayabhaskar being brought toward the jeep, partially supported PW 2’s detailed description of the kidnapping. Despite the fact that PWs 6 and 11 (the jeep drivers) withdrew their allegations, the trial court found enough evidence to convict Malleshi (A-1) but cleared the other defendants because there was insufficient evidence to support their claims.

Following an appeal, the High Court maintained the lower court’s ruling, upholding Malleshi’s conviction and life sentence. The court emphasized the consistency of PW 2’s testimony and the supporting evidence of PWs 3 and 4, finding no errors in the trial court’s analysis. The ruling emphasizes the gravity of the offense under Section 364A IPC as well as the amount of proof needed to get a conviction.

ISSUES RAISED

• Were the necessary conditions of Section 364A IPC met in order for the accused to be found guilty?
• Was the evidence utilized sufficient to support the accused’s (A-1) conviction?
• Whether accused was acting in bona fide manner?

ARGUMENTS FROM BOTH SIDES

Arguments from appellant

The appellant’s skilled counsel argued that the evidence provided by the putative victim, PW 2, was insufficient to convict the appellant. PW 2 had never met the appellant or accused before. The trial court should not have found the accused guilty because there was no test identification parade. There is no proof of the purported ransom demand. In any case, Section 364 A is not applicable because no ransom demand has been made to anyone. 

Arguments from respondent

A knowledgeable attorney representing the State of Karnataka defended the trial court and the High Court rulings, arguing that neither court had found flaws in the evidence after thoroughly examining it. It was further argued that the accused had been properly convicted under Section 364 A of the IPC, given the unambiguous text of that section.

JUDGMENT

Even though the accused fulfilled his pledge, it still comes down to purpose.
The goal of abduction in this instance was for ransom, as the trial court and the High Court’s factual positions demonstrate. This was made very evident to victim PW-2. Even the amount owed was communicated to him. The need for a demand for payment to be made to the person who will ultimately make the payment cannot be spelled out in stone. One example might be the kidnapping of a wealthy businessman. He is informed that his family members must pay a specific sum of money in order for him to be freed, however the money truly belongs to the kidnaped individual. The individuals to whom the demand is made pay for the release. The individual who was kidnapped or abducted is the one who initially receives the demand. Even though the demand was made to the person who had been kidnapped or abducted, the fact that it could not be communicated to another individual because the accused was arrested at the time does not absolve the offense of Section 364 A. In such a situation, it must be determined what the subject of the kidnapping or abduction was. As previously mentioned, the essence of kidnapping is causing the victim to remain in seclusion and demand a ransom. In this instance, the victim has already been informed of the demand. There are no flaws in the lower courts’ rulings that call for intervention.

CONCLUSION

Kidnapping is defined in Section 359. There are two categories of kidnapping under the aforementioned clause: (1) kidnapping from India and (2) kidnapping from legitimate guardianship. Section 362 defines abduction. Two forms of abduction are covered under the clause: (1) by force or compulsion and (2) by persuasion by dishonest methods. The victim’s departure from any location must be the goal of such coercion or persuasion. The current case is in the second group. The crime of kidnapping is an ongoing offense. Act XLII of 1993 changed this section in 1992, taking effect on 22.5.1993, and Act XXIV of 1995 amended it again, taking effect on 26.5.1995. Kidnapping, kidnapping, or detaining someone for ransom are punishable under this section. 

It must be demonstrated that the accused (1) kidnapped or abducted the victim, (2) detained him following the kidnapping and abduction, and (3) that the kidnapping or abduction was for ransom in order to be subject to Section 364 A’s restrictions. “To lead into” is what “induce” means. According to the dictionary, deception is something that is meant to deceive someone else.

Significant legal concerns regarding the interpretation of Section 364A IPC were raised by the case, which entailed the kidnapping of a college student with the intention of demanding ransom. The victim’s testimony, which was partially supported by other witnesses who saw portions of the occurrence, formed the basis of the prosecution’s case. After carefully examining the evidence, the trial court concluded that the victim’s account was reliable and consistent. It emphasized that the chain of events—including the accused’s dishonest tactics, the forced incarceration, and the ransom demand—was adequate to prove culpability. However, because there was insufficient evidence to support the allegations, the trial court cleared the other defendants.

The High Court maintained the conclusions after an appeal, highlighting the fullness of the offense at the time the victim was informed of the ransom demand. The court said the victim’s testimony was backed up by the accused’s subsequent arrest and the recovery of the vehicle, dismissing concerns regarding the adequacy of the evidence. The court’s ruling made clear the extent of Section 364A IPC and emphasized the seriousness of kidnapping for ransom, concluding that the crime is committed when a ransom demand is made. It was decided that the victim’s testimony, bolstered by circumstantial evidence, was sufficient to uphold the primary accused’s conviction.