IPC Section 363 — Punishment for kidnapping

Judgments citing IPC Section 363

1. Gorre Naravana vs The State of Andhra Pradesh on 20 June, 2023

   High Court of High Court for State of Telangana20 Jun 2023

   Case Name: Gorre Naravana vs The State of Andhra Pradesh on 20 June, 2023 Court: The High Court for the State of Telangana at Hyderabad Date of Judgment: 20 June, 2023 Bench: Sri Justice K. Surender Subject: Criminal Appeal – Rape (Section 376 IPC) – Identification of Accused – Test Identification Parade – Confession – Evidence Act Key Legal Propositions 1. In cases involving identification of an accused as a stranger, a Test Identification Parade (TIP) is crucial, and its absence creates doubt regarding the reliability of subsequent identification, especially after a significant delay. 2. A conviction cannot be solely based on identification made for the first time in court after a prolonged period, particularly when the initial complaint or FIR lacks specific descriptive details of the perpetrator. 3. An extra-judicial confession obtained under questionable circumstances (e.g., through coercion or from a non-credible source) is a weak piece of evidence and insufficient for conviction. Judgment Summary Background: The appellant was convicted by the VI Additional Sessions Judge (Fast Track Court), Nizamabad, for rape under Section 376(2)(f) of the Indian Penal Code. The pr

2. Joruka Ramesh vs The State of Telangana on 30 December, 2020

   High Court of High Court for State of Telangana30 Dec 2020

   Case Name: Joruka Ramesh vs The State of Telangana on 30 December, 2020 Court: High Court of Telangana at Hyderabad Date of Judgment: 26 December, 2023 Bench: Sri Justice K. Surender Subject: Criminal Appeal – Offenses under IPC Sections 363, 376AB and POCSO Act Section 5(m) r/w 6. Key Legal Propositions 1. Absence of semen on apparel or vaginal swabs is not conclusive evidence against a charge of rape, particularly under the POCSO Act. 2. Consistent testimony of the victim and corroborating evidence from witnesses can form the basis for conviction, even in the absence of conclusive forensic evidence. 3. Minimum punishment under Section 6 of the POCSO Act is 20 years imprisonment, and personal hardships of the accused are not grounds for sentence reduction. Judgment Summary Background: This Criminal Appeal is filed by the Appellant, Joruka Ramesh, challenging his conviction and sentencing by the Special Judge for Trial of Cases under the Protection of Children from Sexual Offences Act, Warangal. He was found guilty of offenses under Sections 363, 376AB of the Indian Penal Code and Section 5(m) r/w 6 of the POCSO Act, and sentenced to imprisonment and fines. The case involves

3. Mohd Shahed vs The State Of A.P. on 20 January, 2014

   High Court of High Court for State of Telangana20 Jan 2014

   Case Name: Mohd Shahed vs The State Of A.P. on 20 January, 2014 Court: The High Court for the State of Telangana at Hyderabad Date of Judgment: 18 December, 2023 Bench: Sri Justice K. Lakshman and Smt Justice P. Sree Sudha Subject: Criminal Appeal – Sexual Assault, Kidnapping, Attempt to Murder Key Legal Propositions 1. Conviction can be sustained even without an identification parade, particularly when the victim had ample opportunity to observe the perpetrator in broad daylight. 2. Minor contradictions in witness testimonies do not necessarily invalidate a conviction, especially when corroborated by circumstantial evidence. 3. Proof of unlawful removal of a minor child from parental custody establishes the offence under Section 363 of the IPC. Judgment Summary Background: The appellant, Mohd Shahed, was convicted by the trial court for offences including kidnapping (Section 363 IPC), attempt to murder (Section 307 IPC), and sexual assault (Section 376 IPC) of a 7-year-old victim. He appealed the conviction and sentence. Held: A. On Article/Issue: Identity of the Accused & Reliability of Identification Majority View: The Court upheld the conviction, finding that the vict

4. Basudev @ Basu vs State of Telangana on 28 June, 2023

   High Court of High Court for State of Telangana28 Jun 2023

   Case Name: Basudev @ Basu vs State of Telangana on 28 June, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 28 June, 2023 Bench: Sri Justice K. Surender Subject: Criminal Appeal – POCSO Act, IPC – Sexual Assault – Conviction – Sentence Key Legal Propositions 1. The prosecution must prove the ingredients of Section 3 of the POCSO Act to establish penetrative sexual assault. Mere vague statements regarding sexual intercourse are insufficient. 2. In the absence of conclusive medical evidence, a conviction for rape cannot be sustained, but a conviction for sexual assault under Section 8 of the POCSO Act may be appropriate. 3. The consent of a minor is irrelevant when determining offences under the POCSO Act. Judgment Summary Background: The appellant was convicted by the Fast Track Special Judge for offences under Section 6 of the POCSO Act and Section 366A of the IPC, based on the testimony of P.W.2 alleging sexual intercourse on multiple occasions. The appellant appealed the conviction. Held: A. On Section 3 & 6 of POCSO Act & Section 375 IPC: Majority View: The Court held that the evidence lacked sufficient proof of penetrative sexual assault as defined

5. The State of Telangana vs. Kethavath @ Lambadi Ramesh on 01 April, 2021

   High Court of High Court for State of Telangana1 Apr 2021

   Case Name: The State of Telangana vs. Kethavath @ Lambadi Ramesh on 01 April, 2021 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 27 September, 2023 Bench: Sri Justice K. Surender Subject: Criminal Appeal – Acquittal – POCSO Act – Appreciation of Evidence Key Legal Propositions 1. An appellate court reversing an acquittal requires “very substantial and compelling reasons.” 2. The appellate court must give proper weight and consideration to the findings of the trial court. 3. If two reasonable views are possible, one leading to acquittal and the other to conviction, the appellate court should favor acquittal. Judgment Summary Background: The State of Telangana filed a Criminal Appeal against the acquittal of the Respondent/Accused by the Fast Track Special Judge, Nizamabad, in a case prosecuted under Sections 363 & 372 of IPC and Section 3 r/w 4 of the Protection of Children from Sexual Offences Act, 2012. The prosecution alleged that the accused kidnapped and raped a minor girl (P.W.3). The trial court acquitted the accused due to lack of evidence regarding the victim’s age and absence of corroborating medical evidence. Held: A. On Appeal against

6. T. Chennaiah vs The State of Telangana on 22 September, 2023

   High Court of High Court for State of Telangana22 Sept 2023

   Case Name: T. Chennaiah vs The State of Telangana on 22 September, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 22 September, 2023 Bench: Justice K. Surender Subject: Criminal Appeal – Protection of Children from Sexual Offences Act, 2012 – Conviction under Section 6 set aside, conviction under Section 8 upheld. Key Legal Propositions 1. Discrepancies in witness testimonies and medical evidence do not necessarily negate the finding of physical contact with the victim’s private parts. 2. Touching the private parts with sexual intent, even without penetration, constitutes sexual assault under Section 8 of the Protection of Children from Sexual Offences Act, 2012. 3. The presence of a tear in the fourchette region, while not conclusive evidence of sexual intercourse, can be considered as corroborating evidence of physical contact. Judgment Summary Background: The appellant challenged his conviction under Section 6 of the Protection of Children from Sexual Offences Act, 2012, and the sentence of 20 years rigorous imprisonment imposed by the I Additional Metropolitan Sessions Judge-cum-Special Judge, Hyderabad. The prosecution alleged that the a

7. Uppula Kumaraswamy vs The State of Telangana on 11 August, 2023

   High Court of High Court for State of Telangana11 Aug 2023

   Case Name: Uppula Kumaraswamy vs The State of Telangana on 11 August, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 11 August, 2023 Bench: Sri Justice K. Surender Subject: Criminal Appeal – Protection of Children from Sexual Offences Act, Indian Penal Code – Sexual Assault – Evidence – Appeal against Conviction Key Legal Propositions 1. Delay in lodging the First Information Report (FIR) and its submission to court, while not fatal, requires explanation. 2. Acts constituting sexual harassment, even if not meeting the threshold of sexual assault under Section 7 of the POCSO Act, are punishable under Section 12 of the POCSO Act. 3. Consistent testimony of witnesses, including the victim and corroborating witnesses, is crucial in establishing the offence, even with minor inconsistencies or omissions in initial statements. Judgment Summary Background: This Criminal Appeal arises from a judgment of the Special Judge for Trial of Cases under the Protection of Children from Sexual Offences Act, Warangal, convicting the Appellant/Accused under Sections 363, 354-A(1)(i) r/w 354-A(2) of the Indian Penal Code and Section 9(m) r/w 10 of the POCSO Act. The Appellant c

8. K. Swamy vs State of A.P. on 09 March, 2023

   High Court of High Court for State of Telangana9 Mar 2023

   Case Name: K. Swamy vs State of A.P. on 09 March, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 09 March, 2023 Bench: Sri Justice N. Tukaramji Subject: Criminal Appeal – Sections 374(2) CrPC – Conviction under Sections 411, 363, 343 & 376 IPC – Kidnapping, Cheating, Wrongful Confinement, and Rape. Key Legal Propositions 1. Age determination based on medical opinion should consider the margin of error, and the benefit of doubt should be given to the accused if the age is uncertain, potentially classifying the victim as a major. 2. Inconsistencies in the statements of key witnesses, particularly the victim and her father, can create reasonable doubt and undermine the prosecution's case. 3. Consensual sexual relations between adults do not constitute an offense under Section 376 IPC. Judgment Summary Background: The appellant, K. Swamy, filed a criminal appeal against a judgment dated 07.06.2010, convicting him under Sections 411, 363, 343, and 376 of the Indian Penal Code (IPC). The charges stemmed from allegations of kidnapping, cheating, wrongful confinement, and rape of a young woman. The prosecution's case relied heavily on the testimony o

9. State of Chhattisgarh vs. Madanlal Tekam on 07 July, 2023

   High Court of Chhattisgarh7 Jul 2023

   Case Name: State of Chhattisgarh vs. Madanlal Tekam on 07 July, 2023 Court: High Court of Chhattisgarh, Bilaspur Date of Judgment: 07 July, 2023 Bench: Justice Sanjay K. Agrawal & Justice Arvind Singh Chandel Subject: Criminal Law – Murder, Rape, Kidnapping – POCSO Act – Death Sentence Confirmation – Circumstantial Evidence – Rarest of Rare Cases Key Legal Propositions 1. Conviction based on circumstantial evidence requires a complete chain of circumstances excluding all other hypotheses except the guilt of the accused. 2. In cases warranting the death penalty, courts must consider mitigating factors such as the age of the accused, family background, and potential for reformation, as outlined in *Manoj v. State of Madhya Pradesh*. 3. The imposition of the death penalty requires a careful evaluation of aggravating and mitigating circumstances to determine if the case falls within the category of the “rarest of the rare.” Judgment Summary Background: The case arose from a reference for confirmation of a death sentence imposed by the Special Judge for POCSO Act cases, and a criminal appeal by the accused/Appellant challenging his conviction and sentence for offences including ki

10. Prem Thakur vs State Of Chhattisgarh on 03 November, 2023

    High Court of Chhattisgarh3 Nov 2023

    Case Name: Prem Thakur vs State Of Chhattisgarh on 03 November, 2023 Court: HIGH COURT OF CHHATTISGARH, BILASPUR Date of Judgment: 03/11/2023 Bench: Hon'ble Mr. Justice Goutam Bhaduri & Hon'ble Mr. Justice Deepak Kumar Tiwari Subject: Criminal Appeal – POCSO Act – Age Determination – Evidence – Acquittal Key Legal Propositions 1. In cases relying heavily on circumstantial evidence, if two views are possible – one indicating guilt and the other innocence – the view favouring the accused must be adopted. 2. Proof of age is crucial in POCSO cases; reliance on a school register entry without examining the author of the entry is insufficient. A belatedly obtained birth certificate raises doubts. 3. Medical evidence regarding ossification tests, coupled with the victim’s conduct and lack of corroborating evidence, can create reasonable doubt regarding the commission of the offence. Judgment Summary Background: The appeal arises from a conviction under Sections 363, 366 of the IPC and Section 4 of the POCSO Act, based on allegations that the appellant enticed a minor girl, took her away, and committed sexual intercourse with her. The prosecution relied heavily on the victim’s tes

11. Gagan @ Kariya Manhar vs State Of Chhattisgarh on 13 September, 2023

    High Court of Chhattisgarh13 Sept 2023

    Case Name: Gagan @ Kariya Manhar vs State Of Chhattisgarh on 13 September, 2023 Court: High Court of Chhattisgarh, Bilaspur Date of Judgment: 13.09.2023 Bench: Goutam Bhaduri & Deepak Kumar Tiwari, JJ Subject: Criminal Appeal – POCSO Act – Abduction, Kidnapping, Sexual Assault – Proof of Age – Evidence Act Key Legal Propositions 1. Mere production of a School Admission Register, even a public document under Section 35 of the Evidence Act, is insufficient to prove the age of an individual without establishing the basis of the entry. 2. To render a document admissible under Section 35 of the Evidence Act, it must be established that the entry was made by a public servant in the discharge of official duty, or by a person performing a duty specifically enjoined by law, and the source of information for the entry must be proven. 3. In cases involving offences under the POCSO Act, the prosecution must prove the age of the victim beyond reasonable doubt, and reliance on circumstantial evidence or oral statements alone is insufficient without supporting documentary evidence. Judgment Summary Background: This appeal arises from a judgment of conviction and sentencing by the Addition

12. Om Tiwari @ Ajay Tiwari vs State of Chhattisgarh on 17 October, 2023

    High Court of Chhattisgarh17 Oct 2023

    Case Name: Om Tiwari @ Ajay Tiwari vs State of Chhattisgarh on 17 October, 2023 Court: High Court of Chhattisgarh, Bilaspur Date of Judgment: 17.10.2023 Bench: Shri Ramesh Sinha, Chief Justice and Shri Naresh Kumar Chandravanshi, Judge Subject: Criminal Appeal – Sections 363, 366, 376 IPC & POCSO Act – Age Determination – Consent – Abduction vs. Elopement Key Legal Propositions 1. Proof of age is crucial in cases involving the POCSO Act, and reliance on school records or birth certificates is preferred, failing which medical evidence may be considered. However, inconsistencies in these documents can weaken the prosecution’s case. 2. The prosecution must prove beyond reasonable doubt that the victim was a minor at the time of the alleged offence. Mere reliance on documents with discrepancies is insufficient. 3. Voluntary elopement and consensual sexual relations, even if the victim is a minor, are distinct from offences like kidnapping and rape, and the prosecution must establish the absence of consent or coercion. Judgment Summary Background: The appellant was convicted by the Special Judge (POCSO), Katghora, for offences under Sections 363, 366, and 376 of the IPC, and se

13. Kishan Dehariya S/o Shri Suman Dehariya vs State Of Chhattisgarh on 06 December, 2023

    High Court of Chhattisgarh6 Dec 2023

    Case Name: Kishan Dehariya vs State Of Chhattisgarh on 06 December, 2023 Court: High Court of Chhattisgarh, Bilaspur Date of Judgment: 06 December, 2023 Bench: Shri Ramesh Sinha, Chief Justice & Shri Naresh Kumar Chandravanshi, Judge Subject: Criminal Appeal – POCSO Act, Indian Penal Code – Abduction, Sexual Assault, Age Determination Key Legal Propositions 1. Evidence regarding the victim’s date of birth, specifically school records and parental testimony, is crucial in POCSO Act cases and can be relied upon even without direct proof of the recording basis, provided it aligns with other evidence. 2. Contradictory statements regarding the place of recovery of the victim and lack of corroborating evidence can create reasonable doubt regarding the charge of abduction. 3. Absence of external or internal injuries during medical examination, coupled with negative FSL reports, weakens the prosecution's case for sexual assault, especially when combined with inconsistencies in the victim’s statements. Judgment Summary Background: This criminal appeal arises from a conviction under Sections 363, 366, 376(3) of the Indian Penal Code and Section 6 of the Protection of Children from S

14. Santosh Tiwari vs. State Of Chhattisgarh on 10 October, 2023

    High Court of Chhattisgarh10 Oct 2023

    Case Name: Santosh Tiwari vs. State Of Chhattisgarh on 10 October, 2023 Court: High Court of Chhattisgarh, Bilaspur Date of Judgment: 10.10.2023 Bench: Shri Ramesh Sinha, Chief Justice & Shri NK Chandravanshi, Judge Subject: Criminal Appeal – Conviction under Sections 363 & 376AB of IPC and Section 6 of the POCSO Act, 2012 – Suspension of Sentence – Appeal against conviction and sentence. Key Legal Propositions 1. Delay in lodging the FIR does not necessarily discredit the prosecution’s case, particularly when a reasonable explanation for the delay is provided. 2. CCTV footage can be admissible as evidence if its authenticity and chain of custody are established in accordance with Section 65B of the Evidence Act. 3. The age of the victim is a crucial factor in determining the severity of the offence and the applicable punishment under the POCSO Act and IPC. Judgment Summary Background: This criminal appeal arises from a judgment of conviction and sentencing dated 21.03.2022 passed by the Additional Sessions Judge, Raipur, convicting the appellant under Sections 363 and 376AB of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012, f

15. Kamleshwar Ratre vs State Of Chhattisgarh on 20 September, 2023

    High Court of Chhattisgarh20 Sept 2023

    Case Name: Kamleshwar Ratre vs State Of Chhattisgarh on 20 September, 2023 Court: High Court of Chhattisgarh, Bilaspur Date of Judgment: 20.09.2023 Bench: Goutam Bhaduri & Deepak Kumar Tiwari, JJ Subject: Criminal Appeal – POCSO Act – Abduction, Kidnapping, Sexual Assault – Age Determination – Evidentiary Value of School Records – Hostile Witness Key Legal Propositions 1. Mere production of a school admission register, a public document under Section 35 of the Evidence Act, is insufficient to prove the age of an individual without establishing the basis on which the entry was recorded. 2. Entries in official records, including school registers, require proof of the source of information and the authority of the official making the entry to be considered admissible and reliable evidence. 3. The standard of proof regarding age remains the same in both civil and criminal cases, and the prosecution must prove the age of the prosecutrix beyond a reasonable doubt. Judgment Summary Background: The appellant was convicted by the Special Court (POCSO Act) for offences under Sections 363, 366, and 376(3) of the IPC, along with Section 4 of the POCSO Act, based on allegations of abduc

16. Kishun Yadav vs. State Of Chhattisgarh on 23 November, 2023

    High Court of Chhattisgarh23 Nov 2023

    Case Name: Kishun Yadav vs. State Of Chhattisgarh on 23 November, 2023 Court: HIGH COURT OF CHHATTISGARH, BILASPUR Date of Judgment: 23/11/2023 Bench: Hon'ble Mr. Justice Goutam Bhaduri & Hon'ble Mr. Justice Deepak Kumar Tiwari Subject: Criminal Appeal – SC/ST Atrocities, POCSO Act, Sexual Assault, Kidnapping Key Legal Propositions 1. The testimony of a prosecutrix in a sexual assault case must be appreciated in the context of the entire case, and a finding of guilt requires careful consideration. 2. Where two views are possible from the evidence – one indicating guilt and the other innocence – the court should adopt the view favorable to the accused. 3. Statutory presumption under Section 8(c) of the SC/ST (Prevention of Atrocities) Act, 1989, applies if the accused had knowledge of the victim’s caste or tribal identity, unless proven otherwise. Judgment Summary Background: This appeal arises from a judgment of conviction and sentencing dated 16.12.2019, passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act), Korba, convicting the appellant under Sections 363, 366 of the IPC, Sections 3(2)(v-a), 3(1)(w), 3(2)(v) of the SC/ST (Preve

17. Thakur Ram Gond & Anr. vs State Of Chhattisgarh on 28 February, 2023

    High Court of Chhattisgarh28 Feb 2023

    Case Name: Thakur Ram Gond & Anr. vs State Of Chhattisgarh on 28 February, 2023 Court: High Court of Chhattisgarh, Bilaspur Date of Judgment: 28.02.2023 Bench: Hon'ble Shri Justice Narendra Kumar Vyas Subject: Indian Penal Code - Sections 363, 366, 376 - Kidnapping, Abduction, Compelling Marriage, Sexual Assault - Proof of Intent and Consent - Standard of Proof. Key Legal Propositions 1. To attract Section 366 IPC, the prosecution must prove not only the act of kidnapping/abduction but also the specific intent to compel marriage or illicit intercourse. 2. Mere abduction, without proof of intent as outlined in Section 366 IPC, is insufficient for conviction under that section. 3. Consent and opportunity to escape are crucial factors in determining whether an act constitutes kidnapping or abduction, particularly in cases alleging compulsion for marriage. Judgment Summary Background: The appellants were convicted under Section 366 IPC for allegedly kidnapping and abducting the prosecutrix with the intent to compel her into marriage. The prosecution alleged that the appellants enticed the prosecutrix, a minor, and kept her captive for 12 days. The trial court acquitted them under

18. Budhu Agariya vs State Of Chhattisgarh on 20 December, 2023

    High Court of Chhattisgarh20 Dec 2023

    Case Name: Budhu Agariya vs State Of Chhattisgarh on 20 December, 2023 Court: HIGH COURT OF CHHATTISGARH, BILASPUR Date of Judgment: 20.12.2023 Bench: Hon'ble Mr. Justice Goutam Bhaduri & Hon'ble Mr. Justice Deepak Kumar Tiwari Subject: Criminal Appeal – POCSO Act, Rape, Kidnapping Key Legal Propositions 1. The evidence of a prosecutrix in sexual assault cases should be examined as that of an injured witness, but not accepted as gospel truth without exception. Corroboration is not always necessary, but the evidence must be reliable. 2. Delay in lodging the FIR, inconsistencies in witness statements, and lack of corroborating evidence can create reasonable doubt regarding the prosecution's case. 3. The absence of crucial witnesses (like those who allegedly sheltered the victim) and discrepancies in the location of recovery of the victim cast doubt on the prosecution’s narrative. Judgment Summary Background: This appeal arises from a conviction and sentencing under Sections 363, 506 of the IPC and Section 6 of the POCSO Act, with the conviction under Section 376(2)(n) IPC superseded by the POCSO sentencing. The appellant was accused of kidnapping and sexually assaulting a minor

19. State (GNCT of Delhi) vs Rohit Kumar on 04 September, 2023

    High Court of Delhi4 Sept 2023

    Case Name: State (GNCT of Delhi) vs Rohit Kumar on 04 September, 2023 Court: High Court of Delhi Date of Judgment: 04 September, 2023 Bench: Dr. Justice Sudhir Kumar Jain Subject: Criminal Revision Petition – Age Determination – POCSO Act – Evidence – Discharge Key Legal Propositions 1. In cases involving alleged offences under the POCSO Act, age determination must follow the procedure outlined in Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, prioritizing birth certificates from schools/boards, then municipal/corporate authorities, and finally, medical tests like ossification. 2. Reliance on Aadhaar cards for age determination is permissible when other statutory documents like birth certificates are unavailable, as held in *State NCT of Delhi V Umesh*. 3. Courts should prioritize documentary evidence establishing date of birth, and the absence of such evidence weakens the prosecution's case, particularly in offences under the POCSO Act. Judgment Summary Background: The present revision petition challenges the order of the Trial Court discharging the Respondent, Rohit Kumar, from charges under Sections 363/366/366A/376 IPC and Section 6 of the

20. Sanjeev Kumar vs The State NCT of Delhi on 01 May, 2023

    High Court of Delhi1 May 2023

    Case Name: Sanjeev Kumar vs The State NCT of Delhi on 01 May, 2023 Court: High Court of Delhi Date of Judgment: 01 May, 2023 Bench: Ms. Justice Swarana Kanta Sharma Subject: Criminal Appeal – Rape, Kidnapping, Evidence, Trial Procedure Key Legal Propositions 1. The testimony of a prosecutrix, while sufficient for conviction in a rape case, must be credible, consistent, and free from material contradictions. 2. Corroboration is not always essential for a conviction in a rape case, but the prosecution must establish its case beyond a reasonable doubt, considering all evidence. 3. Trial Courts must exercise caution and sensitivity when examining vulnerable witnesses, particularly in sexual assault cases, and protect their privacy and dignity. Judgment Summary Background: The present appeal challenges a judgment of the Additional Sessions Judge, Rohini, Delhi, convicting the appellant and a co-accused under Sections 363/365/34 and 376 of the Indian Penal Code, 1860. The co-accused died during the pendency of the appeal, and the appellant also passed away, but his wife was granted leave to continue the appeal. Held: A. On Conviction & Evidence: Majority View: The Court found m