ABDUL VAHAB ABDUL MAJID SHAIKH AND ORS. versus STA TE OF GUJARAT

ABDUL VAHAB ABDUL MAJID SHAIKH AND ORS. versus STA TE OF GUJARAT

The confession of A-9 recorded under Section 15 of the TADA Act was held to be voluntary and amply corroborated by other material particulars (victim's testimony, presence of vehicle, recovery of a revolver linked to accused, testimony regarding payment), and on that basis the complicity of A-1 to A-4 and A-9 in the abduction was proved beyond reasonable doubt, so their convictions under IPC ss.120B, 342, 365, 384 r/w 120B were affirmed; conversely, recoveries from A-6 and A-7 were not proved to be ransom and they were rightly acquitted; acts of kidnapping for ransom were held not to satisfy ingredients of TADA ss.3 and 5 (no intent to overawe government or to strike terror), so...

Parties
Appellants: Abdul Vahab Abdulmajid Shaikh and Ors.; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
24 April 2007
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order Dated 16.01.2004 of the Additional Designated Judge, Court No. 12 at Ahmedabad in TADA Crime Cases Nos. 4/1995 and 27/1996
Outcome
Appeals dismissed in part; convictions of A-1 to A-4 and A-9 affirmed; acquittals of A-6 and A-7 and of accused under TADA ss.3 and 5 upheld
Legal Topics
Confession Under TADA S.15, Corroboration of Confessions, TADA Ss.3 and 5, IPC Ss.120 B, 342, 365, 384, Recovery of Ransom/connected Property
Criminal Law Evidence Confession Under TADA S.15 Corroboration of Confessions TADA Ss.3 and 5 IPC Ss.120 B, 342, 365, 384 Recovery of Ransom/connected Property

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Parties

Abdul Vahab Abdulmajid Shaikh and Ors.

Appellants

State of Gujarat

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order Dated 16.01.2004 of the Additional Designated Judge, Court No. 12 at Ahmedabad in TADA Crime Cases Nos. 4/1995 and 27/1996

Legal Issues

  1. 1 Whether the confessional statement of co-accused A-9 recorded under Section 15 of the TADA Act is admissible and can be relied upon to convict co-accused
  2. 2 Whether the recovery of money from A-6 and A-7 could be proved to be ransom and sustain their conviction
  3. 3 Whether the acts of kidnapping for ransom fall within offences punishable under Sections 3 and 5 of the TADA Act

Ratio Decidendi

The confession of A-9 recorded under Section 15 of the TADA Act was held to be voluntary and amply corroborated by other material particulars (victim's testimony, presence of vehicle, recovery of a revolver linked to accused, testimony regarding payment), and on that basis the complicity of A-1 to A-4 and A-9 in the abduction was proved beyond reasonable doubt, so their convictions under IPC ss.120B, 342, 365, 384 r/w 120B were affirmed; conversely, recoveries from A-6 and A-7 were not proved to be ransom and they were rightly acquitted; acts of kidnapping for ransom were held not to satisfy ingredients of TADA ss.3 and 5 (no intent to overawe government or to strike terror), so...

Court Disposition

Appeals dismissed in part; convictions of A-1 to A-4 and A-9 affirmed; acquittals of A-6 and A-7 and of accused under TADA ss.3 and 5 upheld

Orders

  • Criminal Appeal No. 525 of 2004 dismissed; appellants to surrender to their bail bonds
  • Convictions of A-1 to A-4 and A-9 under Sections 120-B, 342, 365, 384 read with Section 120-B of the IPC are confirmed