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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Gunasekaran – Appellant
Versus
State through The Inspector of Police – Respondent
JUDGMENT :
N.ANAND VENKATESH, J.
These appeals have been filed by the accused persons aggrieved by the conviction and sentence in the following manner:
| Rank of the Accused | Appeal No. |
|---|---|
| A6 | 97/2023 |
| A2, A3, A4, A5, A9 and A10 | 144/2023 |
| A1 and A8 | 222/2023 |
against the judgment passed in SC NO.267/2019 dated 21.12.2022 on the file of Sessions Judge, Mahalir Neethimandram, Madurai convicting and sentencing the appellants in the following manner:
The above sentences were ordered to run concurrently.
2. The case of the prosecution is that PW1 was residing in a joint family in Madurai. They were having a Mill in which the father of A1 was working as an Accountant for several years. After his demise, solatium was given to the family of the deceased. It is alleged that A1 and his family was not satisfied with the amount given as solatium and hence, A1 is said to have conspired with other accused persons for kidnapping the children of PW1 for ransom.
2.1. On 16.11.2017 at about 8.10 a.m., PW3, who was the driver working under PW1, took the children of PW1 in an Innova Car bearing registration No.TN64 P6666 from the house to drop them at VMJ School situated at New Ramnad Road, Madurai. A1 and A10 dressed as Traf
The necessity for prosecution to establish guilt beyond reasonable doubt is critical, particularly when dealing with children's suffering in kidnapping cases.
The court emphasized that lack of essential documentation and procedural compliance invalidates the prosecution's case, leading to the acquittal of the accused who were convicted of kidnapping for ra....
The prosecution must prove both kidnapping and a threat to cause death or hurt to establish an offence under Section 364-A IPC; failure to do so leads to modification of charges.
The judgment establishes the importance of witness identification, corroborating evidence, and the interpretation of legal provisions in establishing guilt and upholding convictions in criminal cases....
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