Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kidnapping Burden to prove |
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.364A, 302 and 201- Kidnapping for ransom and murder - Of seven year old boy - Circumstantial evidence - Conviction and death sentence by courts below - Held: Conviction as well as the sentence does not call for interference - Kidnapping and demand of ransom proved by witnesses - Factum of kidnapping having been proved, the inference of consequential murder is liable to be presumed in the absence of discharge of onus by the kidnapper to prove the release of the kidnapped - Accused failed to prove the release of the deceased from his custody - Thus in the circumstances of the case, charge of murder also proved --In view of various aggravating circumstances and lack of any mitigating circumstance, award of death sentence justified - Evidence Act, 1872 - s. 106 - Sentence/ Sentencing - Death sentence. ·Evidence Act, 1872 - s. 106 - Burden to prove - Shifting of onus - ·in kidnapping and murder case - Held: Once factum of kidnapping proved, onus would shift on the kidnapper to establish the· release of the kidnapped from his custody. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 74 |
Petitioner | Sunder @ Sundararajan |
Respondent | State By Inspector Of Police |
SCR | [2013] 4 S.C.R. 25 |
Judgement Date | 2013-02-05 |
Case Number | 300-301 |
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