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2013 (1) TMI 1026 - SC - Indian Laws

Issues involved:
The judgment involves the conviction of the Appellant and others for offences u/s 364A, 368, and 120B of the Indian Penal Code, based on the abduction of children and subsequent events leading to their recovery.

Details of the judgment:

Issue 1: Conviction and sentencing of the accused
The Appellant (A1) and others were convicted u/s 364A, 368, and 120B of the Indian Penal Code by the Sessions Judge, with the High Court later confirming the conviction and sentence. The Appellant challenged this judgment before the Supreme Court.

Issue 2: Evidence against the Appellant
The prosecution's case was based on suspicion, with witnesses alleging the Appellant's involvement in the abduction due to prior misconduct and threats. However, the evidence presented did not conclusively link the Appellant to the crime. The children abducted did not mention the Appellant visiting them, and the anonymous calls received were not traced by the investigating agency.

Issue 3: High Court's decision
The High Court affirmed the trial court's order, citing circumstances like the Appellant's employment history and alleged threats as indications of a planned abduction. However, the Supreme Court found that these circumstances did not establish the Appellant's active role in the crime, emphasizing the lack of credible evidence against him.

Conclusion:
The Supreme Court allowed the appeal, setting aside the impugned order and ordering the release of the Appellant. The judgment highlighted the importance of legally admissible evidence in criminal cases and cautioned against convicting based on suspicion rather than proof, ensuring adherence to the principles of criminal jurisprudence.

 

 

 

 

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