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Supreme Court of India 2020-06-03 allowed

Somasundaram @ Somu vs State rep. by the Deputy Commissioner of Police

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Somasundaram and others appealed their conviction for abduction under Section 365 IPC and conspiracy/abetment charges. The Supreme Court held that abduction can be prosecuted under both Sections 364 and 365 depending on the intent — Section 365 applies when the purpose includes wrongful confinement or other illegal objectives like murder. The Court found accomplice witnesses credible despite lack of corroboration and upheld the presumption of murder based on the abduction facts. The appeal was allowed, confirming that the evidence and circumstances established a clear case against the appellants under the applicable penal provisions.

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Criminal Law Abduction Wrongful Confinement Conspiracy Abetment Evidence Accomplice Evidence Presumption of Murder

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