Supreme Court · 2020 INSC 412 · Decided 3 June 2020

Somasundaram @ Somu v. The State REP. BY the Deputy Commissioner of Police

Court
Supreme Court of India
Citation
2020 INSC 412 · [2020] 10 S.C.R. 27
Case number
CRIMINAL APPEAL No. 403/2010
Decided
3 June 2020
Bench
R.F. NARIMAN, K.M. JOSEPH, V. RAMASUBRAMANIAN (3-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 365, 302, 107, 364, 201, 109; CrPC Section 164, 306; Evidence Act Section 133; Constitution Article 136

Headnote

Penal Code, 1860: ss.365 and 302 - Abduction followed by murder in appropriate cases can enable a court to presume that the abductor is the murderer - The principle is that after abduction, the abductor would be in a position to explain what happened to his victim and if it is only natural and logical that an irresistible inference may be drawn that he has done away with the hapless victim. Penal Code, 1860: s.107 - Abetment - The key and indispensable elements under the law to constitute abetment is instigation, conspiracy or the intentional aiding

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