SUKHJIT SINGH versus STATE OF PUNJAB

SUKHJIT SINGH versus STATE OF PUNJAB

Conviction under Section 364 IPC cannot stand as there was no evidence of abduction and the accused was not put requisite questions under Section 313 CrPC, causing prejudice to him.

Parties
Appellant: Sukhjit Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
11 September 2014
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment Affirming Conviction
Outcome
Appeal allowed, conviction and sentence set aside.
Legal Topics
Abduction, Section 364 IPC, Section 313 Cr PC, Fair Trial Procedures
Criminal Law Abduction Section 364 IPC Section 313 Cr PC Fair Trial Procedures

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Parties

Sukhjit Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment Affirming Conviction

Legal Issues

  1. 1 Whether the conviction under Section 364 IPC was sustainable in absence of evidence of abduction
  2. 2 Whether failure to put requisite questions under Section 313 CrPC vitiates the conviction

Ratio Decidendi

Conviction under Section 364 IPC cannot stand as there was no evidence of abduction and the accused was not put requisite questions under Section 313 CrPC, causing prejudice to him.

Court Disposition

Appeal allowed, conviction and sentence set aside.

Orders

  • Accused to be released forthwith unless required in another case.