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Supreme Court Of India

(From : 2009 (3) Delhi LT (Cri) 794)

Hon'ble Judge(s): Altamas Kabir, Mukundakam Sharma , JJ

Juvenile Justice (Care and Protection of Children) Act (56 of 2000) , S.2(k)— Applicability - Kidnapping for ransom - Offence u/S.364-A, IPC not abrogated upon death of abducted person, victim - Continuation of ransom calls by accused even after death of victim - Converts offence into continuing offence - Therefore, date of making of last ransom call has to be taken to be date of commission of offence - Accused attained age of 18 years by then - Juvenile Justice Act, not applicable. Penal Code (45 of 1860) , S.364A— Criminal P.C. (2 of 1974) , S.472— If Section 364-A, I. P. C. and Section 472, Cr. P. C. are to be read together, it has to be held that even after the death of the victim every time a ransom calls was made, a fresh period of limitation commenced. Accordingly, it would be the date on which the last ransom call was made, i.e., 11th March, 2003, which has to be taken to be the date of commission of the offence and, accordingly, the Juvenile Justice Act was no longer applicable to the Petitioner-accused who had attained the age of 18 years by then.(Para 21) In cannot be said that the offence under S. 364-A, I. P. C. stood abrogated upon the death of the victim. On the other hand, the continuation of ransom calls being made, even after the death of the victim, converts the offence into a continuing offenc....