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Supreme Court of India 2018-11-13 allowed

Labhuji Amratji Thakor & Ors vs State of Gujarat & Anr

Bench: 3 — Ashok Bhushan

In Brief

A 14-year-old girl was abducted and sexually abused by Natuji Bachuji Thakor. The prosecution sought to add the appellants (Natuji's friends, present in his jeep) as accused under Section 319 CrPC, based on the victim's later statement naming them. The trial court rejected this, finding mala fide. The High Court reversed and ordered their inclusion. The Supreme Court held that Section 319 CrPC requires strong evidence of complicity, not mere presence in a vehicle. The appellants' only connection was driving or riding in the jeep; they were not alleged to have participated in the abduction or sexual offence. The Court set aside the High Court's order and allowed the appeal.

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Criminal Procedure Evidence Child Sexual Abuse Abduction Section 319 CrPC Discretionary Powers of Court

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