Supreme Court of India
Gauri Mahto @ Gauri Kumar v. The State of Bihar
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What the Court ordered
In view of the foregoing discussion, we now proceed to consider whether the findings of the Trial Court and the High Court are in consonance with the ingredient specified under Section 364-A and dictum of this Court in Shaik Ahmed (supra), in particular, paragraph 33 to sustain conviction as directed.
Judgment, page 7
From the headnote
Issue for Consideration Whether in the facts of the case, prima-facie offence u/s.364- , IPC against appellant is made out or not. Headnotes† Penal Code, 1860 – s.364- – Kidnapping for ransom, etc. – Offence u/s.364- , if prima-facie made out against appellant: Held: No – No investigation was conducted to determine whether the house from where the child (PW-12) was recovered belonged to appellant or not – Appellant was not identified either by the father (PW-13) of the child or the child himself – No cogent evidence regarding any ransom demand made by the appellant – Furthermore, the child in
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