SooperKanoon Citation | sooperkanoon.com/677435 |
Subject | Criminal |
Court | Supreme Court of India |
Decided On | May-14-2007 |
Case Number | Criminal Appeal No. 867 of 2006 |
Judge | C.K. Thakker and; P.K. Balasubramanyan, JJ. |
Reported in | AIR2007SC2774; 2007CriLJ4080; JT2007(9)SC453; 2007(7)SCALE312; (2007)5SCC634; 2007AIRSCW5013; JT2007(7)SC101 |
Acts | Explosive 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 |
Appellant | Suman Sood @ Kamal Jeet Kaur |
Respondent | State 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 history | From 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 referred | Halsbury's Laws of England, (4th Edn.; Vol. 11; para 58); Concise Oxford English Dictionary, 2002; p.1186; Advanced Law Lexicon, (3rd Edn., p.3932); |
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.