Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-ss.364(A) Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860-ss.364(A), 114- 7 year old boy kidnapped from Ahmedabad and recovered from Dausa, Rajasthan - Ransom calls demanding Rs.JO lakhs for release of boy - Trial court convicted appellant and sentenced to life imprisonment - Appeal dismissed by High Court - Appellants plea that he was acquitted in an FIR registered in Dausa, Rajasthan u/ss. 307/34, 332, 353 and ss. 3/25,. Arms Act alleging that he fired on the police during the recovery of the boy and thus his acquittal in the said case rendered the entire prosecution case regarding recovery of child from him as doubtful - On appeal, held: The arrest of the accused and the recovery of boy from Dausa, Rajasthan has been proved - The child witness narrated the entire sequence of events from his kidnapping till his recovery and could not be shaken in the cross examination - His testimony was held to be natural and true by the courts below - Further, perusal of the judgment acquitting accused of charges u/ss.307, 332 and 353 shows that the Court did not disbelieve the incident and the arrest of accused, however, acquitted him giving the benefit of doubt - Accused's acquittal in the said case does not in any manner help him insofar as his conviction in the present case u/ss. 364A and 144, IPC is concerned, which has been proved by evidence on record - Further, the demand of ransom by telephonic calls has also been proved - No error in the judgment of courts below warranting any interference. Evidence - Witness : Child witness - Reliability of - Held: The sequence of events as narrated by the child witness were fully proved by the incident which happened at Dausa, Rajasthan i.e. his recovery along with accused - His evidence was corroborated by other prosecution witnesses - Further, in his cross-examination, |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 363 |
Petitioner | Surajsinh Alias Sonu Surajsinh Collectorsinh Alias Sevaram Rajput |
Respondent | State Of Gujarat |
SCR | [2017] 4 S.C.R. 952 |
Judgement Date | 2017-04-18 |
Case Number | 695 |
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