Abduction

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Subhash Krishnan vs State of Goa

   Supreme Court of India 17 Aug 2012 Binding (SC) Reportable

   Decided under Indian Penal Code 362, which this section replaces. The court did not have this Act before it.

   Court's Decision & Legal Precedent

   In criminal trials involving identification evidence, when multiple independent eyewitnesses positively identify the accused in court with specific reference to identifying features (such as distinctive clothing) and distinctive acts performed during the crime, and when such in-court identification is corroborated by: (a) participation in prior test identification parade conducted within reasonable time of occurrence (24 days) where accused did not challenge procedures; (b) recovery of vehicle and weapons linked to appellant; (c) credible evidence of previous acquaintance supporting enduring impress of identity; (d) consistent medical/forensic evidence; and (e) circumstances of arrest at scene with weapons, the absence of formal cross-examination of key witness (due to unavoidable circumstances) or initial non-mention in complaint does not vitiate the trial or conviction. The purpose of investigation is to set law in motion and collect evidence; if investigative procedures are thereafter followed lawfully and evidence collected is sufficiently corroborated, conviction can be upheld despite technical defects in initiation of investigation.

   On this section: Abduction - applied to establish that use of criminal force (assault) compelled victim to go from place of occurrence to place where he was ultimately killed

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.