Penal Code, 1860: ss. 364A and 120B – Kidnapping for ranson 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.
Mohd. Khalid v. State of West Bengal (2002) 7 SCC
334 : [2002] 2 Suppl. SCR 31; State of Kerala v. P. Sugathan & Another (2000) 8 SCC 203: [2000] 3 Suppl. SCR 409; Central Bureau of Investigation, Hyderabad v. K. Narayana Rao (2012) 9 SCC 512 : [2012] 9 SCR
54 - relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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