NDLI: Desh Deepak Kumar Vihangam@ Deepak Kumar Vs. The State of Bihar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860: ss. 364A and 120B – Kidnapping for ransom and abduction – On facts, a doctor kidnapped for ransom and abducted along with his driver – Six persons convicted u/ss. 364A and 120 B, and sentenced to life imprisonment, and ordered to pay fine – On appeal, held: Four of the accused were found present at the house and were involved in the kidnapping – They along with DK, on whose disclosure the amount was recovered from his tenanted premises, were identified by the victims – In view thereof, and the appreciation of evidence, findings and the conclusion of the courts below as regards their conviction, is correct – As regards, K, the Inspector and the I.O. who had detained K with DK, themselves expressed doubt on involvement of K in the crime – Conclusive inference cannot be drawn of an agreement or that K had gone to the bus stand and had picked up DK in pursuance of a plan or scheme to accomplish an objective or even with the knowledge that DK was following the rickshaw because he had to collect ransom – Thus, on facts and depositions made by the IO and the Inspector, K, given benefit of doubt – As regards the two who were arrested on suspicion, the assertions do not meet and satisfy the standard of proof to connect them with the kidnapping of the doctor – Further, there is not even an iota of evidence that any of the kidnappers were known beforehand to them – Family of the victim had received ransom calls even after the arrest of the two – Only after the arrest of DK that the location where the victim after the abduction had been kept was ascertained – Thus, the two also entitled to the benefit of doubt.
Judge	Hon'ble Ms. Justice Bela M. Trivedi Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2022 INSC 278
Petitioner	Desh Deepak Kumar Vihangam@ Deepak Kumar
Respondent	The State Of Bihar
SCR	[2022] 16 S.C.R. 886
Judgement Date	2022-03-08
Case Number	673

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