Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
ANIL KUMAR-X
Vinod Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ANIL KUMAR-X, J.
1. Heard Sri K.K.Pandey, learned counsel for the appellant and Sri K.K.Gupta, learned AGA for the State.
2. The accused-appellants have been convicted and sentenced vide judgment and order dated 21.2.1986 passed by Sessions Judge, Etawah in Sessions Trial No. 24 of 1985, appellant has been sentenced up to seven years rigorous imprisonment for offence under Section 364 IPC.
3. The prosecution case, in brief, is that a written report (Ex. Ka-1) was lodged by Baijnath Singh, son of Raghubir Singh, at Police Station Barhpura, District Etawah on 23.10.1983. It was scribed by Tirbhuwan Singh of village Kasata. The informant alleged that on 20.10.1983, his son Mahesh Singh was at home when Vinod Kumar came and took him along. When Mahesh did not return, an information was lodged at police outpost Jaswara on 22.10.1983 at 7:00 p.m. by his younger brother Jagdish Singh. On 23.10.1983, while searching for his son, the informant found Mahesh Singh lying dead near the field of Kali Prasad Bajpayee, with injuries on his body. He suspected that Vinod Kumar and Sunit Singh, both sons of Shiv Ram Shukla, had committed the murder. Accordingly, a case under Sections 302/34 IP
An accused cannot be convicted under Section 364 IPC in the absence of specific charges and reliable evidence of abduction, as both criteria are essential for establishing the offence.
Minor offence – If two offences are cognate offences and main ingredients are common, offence punishable with lesser sentence can be considered as a minor offence with reference to other offence.
The court ruled that without evidence of force or deceitful means, the conviction under Section 364 IPC could not stand.
The prosecution's failure to establish the fundamental elements of kidnapping and ransom resulted in the High Court overturning the convictions due to lack of evidence and procedural irregularities.
Conviction for rape cannot be sustained where no signs of sexual intercourse is seen in victim’s body.
The prosecution must prove specific intent for abduction under Section 366 IPC; failure to do so results in the acquittal of sexual assault charges.
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
(1) Alteration of charge by Appellate Court – Elementary principles of natural justice require Appellate Court to put accused to notice of charge proposed to be altered or added when prejudice is lik....
The prosecution must prove all elements of Section 364(A) IPC, including a clear connection between the act of hurt and the ransom demand; failure to do so warrants a lesser charge.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
