Suman Sood @ Kamal Jeet Kaur Vs. State of Rajasthan - Court Judgment

SooperKanoon Citationsooperkanoon.com/677435
SubjectCriminal
CourtSupreme Court of India
Decided OnMay-14-2007
Case NumberCriminal Appeal No. 867 of 2006
Judge C.K. Thakker and; P.K. Balasubramanyan, JJ.
Reported inAIR2007SC2774; 2007CriLJ4080; JT2007(9)SC453; 2007(7)SCALE312; (2007)5SCC634; 2007AIRSCW5013; JT2007(7)SC101
ActsExplosive Substances Act, 1908 - Sections 4 and 5; Terrorist and Disruptive Activities (Prevention) Act, 1987; Extradition Act, 1962 - Sections 21; Extradition (Amendment) Act, 1993; Indian Penal Code (IPC), 1860 - Sections 120A, 120B, 299, 300, 343, 346, 353, 365, 364A, 365, 420, 468 and 471; Constitution of India - Article 32; Code of Criminal Procedure (CrPC) , 1898; Code of Criminal Procedure (CrPC) , 1973
AppellantSuman Sood @ Kamal Jeet Kaur
RespondentState of Rajasthan
Appellant Advocate Sushil Kumar, Sr. Adv.,; Kamini Jaiswal,; Dasvir Singh Dalee
Respondent Advocate Milind Kumar, Adv. for ; Aruneshwar Gupta, Addl. Adv. Gen.
Prior historyFrom the Final Judgment and Order dated 20.03.2006 of the High Court of Judicature of Rajasthan at Jaipur in S.B. Criminal Appeal No. 1247 of 2004
Books referredHalsbury's Laws of England, (4th Edn.; Vol. 11; para 58); Concise Oxford English Dictionary, 2002; p.1186; Advanced Law Lexicon, (3rd Edn., p.3932);
Excerpt:
criminal - abduction - conspiracy - sections 120b, 343, 346 and 365 of indian penal code, 1860 - appellant and other accused were charged for abducting x for seeking release of terrorist - trial court convicted appellant for offence under sections 365/120b, 343/120b and 346/120b - appeal dismissed by high court - high court further convicted appellant for offence under section 364a/120b - hence, present appeal - facts revealed that appellant was staying in the house where the victim was kept and was all through aware that the victim had been kidnapped and was kept at a secret place - but there was no evidence to connect appellant with the ransom and the alleged demand for the release of terrorist - held, for application of section 364 a the accused should have unlawfully seized a person.....order71. for the aforesaid reasons, the appeal filed by daya singh deserves to be dismissed and is, accordingly, dismissed and the order of conviction and sentence recorded against him by the trial court and confirmed by the high court is upheld.72. so far as accused suman sood is concerned, an order of conviction and sentence recorded by the trial court and upheld by the high court for offences punishable under sections 365/120b, 343/120b and 346/120b, ipc is confirmed and upheld. her conviction and order of sentence for offence punishable under section 364a read with 120b, ipc passed by the high court, however, is set aside and her acquittal for the said offence recorded by the trial court is restored.73. appeals are accordingly disposed of.
Judgment:
ORDER

71. For the aforesaid reasons, the appeal filed by Daya Singh deserves to be dismissed and is, accordingly, dismissed and the order of conviction and sentence recorded against him by the trial Court and confirmed by the High Court is upheld.

72. So far as accused Suman Sood is concerned, an order of conviction and sentence recorded by the trial Court and upheld by the High Court for offences punishable under Sections 365/120B, 343/120B and 346/120B, IPC is confirmed and upheld. Her conviction and order of sentence for offence punishable under Section 364A read with 120B, IPC passed by the High Court, however, is set aside and her acquittal for the said offence recorded by the trial Court is restored.

73. Appeals are accordingly disposed of.