Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | J860 - ss. J20B 3021J09 3871J09 Penal Code 3641J09 and 20J 3651J09 3471 109 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, J860 - ss. J20B, 3651J09, 3871J09, 3021J09, 3471 109, 3641J09 and 20J - Prosecution under - Of the appellants- accused (A-3, A-4 and A-J 5), alongwith other J 5 accused - For entering into criminal conspiracy for abduction and murder of the deceased - Trial court acquitted A-J2 and A-J8 and convicted rest of the accused mainly relying on the evidence of PWs JO and 11 - High Court confirmed the order of trial court except that of A-JO - Appeal by A-3, A-4 and A-J 5 - Held: Difference of opinion between the Judges - Per V. Gopala Gowda, J. : Evidence of PWs JO and 11 are not reliable and hence cannot forlJ) basis for conviction of appellants-accused - Also in view of their acquittal under s. l 20B and in absence of establishing their involvement individually in each offence, they could not have been convicted for the offences of abduction and murder - The appellants-accused are entitled for acquittal - Per Arun Mishra, J.: Involvement of the appe/lants- accused in the commission of offence is established by the evidence of PWs JO and 11 and also by other evidence - When charge ul s.J09 is established, mere acquittal uls. J 20B is of no avail to the appellants-accused - Conviction of the appellants-accused affirmed. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2020 INSC 412 |
Petitioner | Somasundaram @ Somu |
Respondent | State Rep. By Dy. Comm. Of Police |
SCR | [2016] 7 S.C.R. 263 |
Judgement Date | 2016-09-28 |
Case Number | 403 |
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