The Delhi High Court has dismissed a plea challenging the trial court’s order, directing for framing of charges against a person accused of kidnapping a seven-month-old child for ransom.
A Single-Judge Bench of Justice Mukta Gupta quashed the revision petition on October 12, challenging the order passed by the Trial Court on September 18, directing for framing of charges against the petitioner under Section 364A of the Indian Penal Code.
Advocate M.P. Sinha, representing the petitioner, contended that necessary ingredients of Section 364A IPC are not made out as the amount demanded cannot be treated as ransom, nor was there any apprehension of death or hurt to the child.
The Bench observed, “When a baby child, who is just seven-months-old is kept in confinement and is crying, it is a condition adverse to the normal condition, causing bodily pain to the child. As the child could not have stayed without the mother, it is evident that bodily pain or hurt was caused to the child. Further from the messages from the petitioner, including the message to throw the child, there was a clear apprehension in the mind of the parents that death or hurt could be caused to the child.”
At the outset, an FIR was lodged on the complaint of the mother of the child, stating that the petitioner, who was the tenant of the victim family and had a good relationship with them, took the child to play with him in the afternoon of April 9, 2021. However, after some time, she received messages from the petitioner, demanding money to send the child back to his parents.
“The conversation between the petitioner and the complainants on the Whatsapp chat not only shows the manner in which hurt was caused to the baby, but is also sufficient to create an apprehension in the mind of the complainants with regard to the safety of the child,” stated the Bench and dismissed the plea.
Read the order here:
MUG12102021CRLR3292021-102056