Supreme Court Digest of Recent Cases
(2006) 7 SCC 442

Penal Code, 1860

— Ss. 364, 302 & 323 r/w 120-B — Reappreciation of evidence — Series of kidnapping of children and their murder — Approver's evidence — Fully corroborated by other evidence — Sessions Judge after meticulously considering each item of evidence, held the accused-appellants guilty — High Court also, on reappreciation of each item of evidence, confirmed the findings of Sessions Judge — On further reappreciation of evidence held, evidence adduced by prosecution proved beyond reasonable doubt guilt of the appellants — Hence conviction confirmed, (2006) 7 SCC 442-A

Penal Code, 1860

— Ss. 364, 302, 323 r/w 120-B — Sentence — Death sentence — When justified — Chain of kidnapping of children and their murder committed by two sisters (appellants) and their mother (now dead) — Offences committed in systematic, casual and most dastardly manner — Showing their depravity of mind — They became a menace to the society — No chances of their reformation — No mitigating circumstance in their favour except that they are women — Death sentence imposed by trial court confirmed by High Court — Held, death sentence justified, hence confirmed, (2006) 7 SCC 442-B

Criminal Procedure Code, 1973

— S. 308 first proviso — Approver's evidence — Approver found to have suppressed some material facts — Even then he cannot be tried with other accused by withdrawing the pardon under the Code — But Court has inherent power to proceed against the approver in such circumstances, (2006) 7 SCC 442-C

Criminal Trial

Witnesses

— Accomplice or approver — Approver — Evidence of, should be viewed with suspicion, (2006) 7 SCC 442-D



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