Penal Code, 1860–Sec. 364A–Constitution of offence–Contradictions in the statements of PW 21–He stated before the police that he was threatened at night by the appellants with a revolver–This statement was omitted by him before the Court and it was stated that the occupants threatened him with a knife and a pistol after he was forcibly put inside the car and gagged–Change in the exact time of the threat, specificity of the delivery of threat to kill and omission of the intent behind causing the death–Second ingredient of the offence is not established–If the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such a low evidentiary threshold, the difference between punishment for kidnapping u/ss. 363, 364 & 364A shall become meaningless–Held, conviction u/s. 364A cannot be sustained.
