Supreme Court · 2013 INSC 74 · Decided 5 February 2013
Sunder @ Sundararajan v. State BY Inspector of Police
- Court
- Supreme Court of India
- Citation
- 2013 INSC 74 · [2013] 4 S.C.R. 25
- Case number
- CRIMINAL APPEAL No. 300/2011
- Decided
- 5 February 2013
- Bench
- P. SATHASIVAM, J.S. KHEHAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 364A, 302, 201; Evidence Act Section 106
Headnote
Penal Code, 1860- ss.364A, 302 and 201- Kidnapping A .B for ransom and murder - Of seven year old boy - Circumstantial evidence - Conviction and death sentence by C courts below - Held: Conviction as well as the sentence does not call for interference - Kidnapping and demand of ransom proved of kidnapping having been proved, the inference of consequential murder is liable to be presumed in the absence of discharge of onus by the D kidnapper to prove the release of the kidnapped - Accused failed to prove the release of the deceased from his custody - Thus in .the circumstances of the
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