Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s.364-A rlw s.120-8 - Kidnapping for ransom |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860:s.364-A r/w s.120-B - Kidnapping for ransom- Out of 10 accused, 5 convicted - High Court further convicting one of the accused who had earlier absconded and when apprehended tried separately and acquitted by trial court - Appeal by two of accused convicted by trial court as also by accused whose acquittal'was reversed by High Court - Held: 0 As regards concurrent orders of conviction passed by trial court and High Court in respect of two appellants, there is no reason to take a view different from the one taken by courts below, as prosecution has proved guilt of two accused- appellants beyond reasonable doubt - There is no perversity in the view taken by the courts below to warrant interference under Art. 136 of the Constitution - In respect of appeal of the accused whose acquittal was reversed by High Court, the order passed by High Court is set aside and matter remitted to it for disposal afresh keeping in view the observations made in the judgment - Constitution of India, 1950 - Art. 136.Evidence:Voice in tape recorded machines - Voice spectography - Held: Voice of one of the accused, in tape recorded machine, was identified by witnesses as one of the callers who had demanded ransom for release of victim - Scientific officer examined Voice Spectrography of the caller to prove that voice recorded was of the accused - Peal Code, 1860 - s. 163-ACode of Criminal Procedure, 1973:s.299 - Record of evidence in absence of accused - Accused absconding - Trial of other accused persons resulted in conviction of some of accused persons - Absconding accused later tried separately - Application of prosecution for transfer of depositions in earlier Sessions Trial to subsequent Sessions Trial rejected by trial court - Accused acquitted - High Court relying on the evidence in previous trial, convicting the accused - Held: High Court does not appear to have taken note of the rejection order - It has, on the contrary, erred in proceeding on the basis that the evidence adduced in the previous trial was evidence in the case against the appellant validly transferred u/s 299 - Even assuming that the deposition in terms of s. 299 had been transferred to the case against the appellant, it may have been open to appellant-accused to argue that such a transfer was not valid in the eyes of law and could not, therefore, be read against him - Matter remitted to High Court for hearing and disposal afresh in accordance with law keeping in view the observations made in the judgment. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 330 |
Petitioner | Vijay Ranglal Chorasiya |
Respondent | State Of Gujarat |
SCR | [2014] 5 S.C.R. 755 |
Judgement Date | 2014-04-25 |
Case Number | 953 |
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