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Supreme Court of India 2026-03-18 dismissed

State of Uttar Pradesh vs Ram Swaroop @ Barkat

Bench: 2 — Aravind Kumar, Augustine George Masih

In Brief

A man was accused of murdering a boy he had lured from home with a promise of watching a movie. The child was found dead the next morning with gunshot wounds. Charged with murder, the trial court instead convicted him under the kidnapping provision. The High Court acquitted him, ruling that kidnapping and murder are distinct offences with separate ingredients. The Supreme Court upheld the acquittal, holding that the trial court could not substitute a kidnapping conviction without formally charging that offence, as the procedural rules for convicting lesser offences apply only when offences share essential ingredients—which murder and kidnapping do not.

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Criminal Procedure Substantive Criminal Law Evidence Fair Trial Murder and Kidnapping

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