Supreme Court of India

Santosh Gurung v. The State of Sikkim

Neutral citation
Bench Ujjal Bhuyan and Atul S. Chandurkar JJ.
Decided 1 October 2026

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above, the law on the issue can be summarised to the effect that statement under Section 313 Cr.P.C. is recorded to meet the requirement of the principles of natural justice as it requires that an accused may be given an opportunity to furnish explanation of the incriminating material which had come against him in the trial.

Judgment, page 19

In brief

On 06.11.2013 the appellant, the victim's maternal uncle, allegedly took his young niece from his mother's house despite being told not to, and both were thereafter untraceable; a Missing Report was lodged on 12.11.2013. The appellant was traced at Siliguri only on 12.05.2014, and the FIR was registered on 13.05.2014 on the basis that he had admitted raping and throttling the child on 06.11.2013. The victim's body was never found; on 15.05.2014, on a memorandum under Section 27 of the Evidence Act, bones, teeth, clothes, a brown shawl and other articles were recovered from a spot frequented by fodder collectors and cattle herders and ordinarily visible to passers-by.…

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the Supreme Court's own signed PDF — the original file as the Registry published it, not a copy somebody has watermarked or re-branded
Sign in to read - for free

An email address, no password.