Motor Insurance Policy Covers Cross-Border Travel If Specifically Authorized By Valid Permit Under MVA: Supreme Court Petrol Pumps Act As 'Commission Agents' For Mahanagar Gas, Liable To Pay Service Tax Under Business Auxiliary Service: Supreme Court Supreme Court Refuses To Dilute 'Bangalore Water Supply' Ratio, Affirms Worker Protection Remains The Core Of Industrial Disputes Act Order XXII Rule 9(3) CPC | Application Under Section 5 Limitation Act Must Be Filed Separately To Condonate Delay In Setting Aside Abatement: Supreme Court Principle Of Parity | Supreme Court Extends Benefit Of Fixed-Term Sentence To Co-Accused Based On Remission Period Right To Catch Fish Amounts To 'Profit à Prendre' And Is Compulsorily Registrable As A Lease Under Section 17(1)(d) Registration Act: Supreme Court Supreme Court Mandates Adoption Of Guidelines To Inculcate Sensitivity And Compassion In Judicial Processes For Sexual Offences 'Last Seen' Circumstance Is Weak Without Corroboration: Supreme Court Acquits Murder Accused PSEB | Pre-Regularization Service Must Be Counted As Qualifying Service For Pensionary Benefits: Supreme Court Writ Of Quo Warranto Cannot Be Used For Redress Of Personal Grievances By Unsuccessful Candidates In Selection Process: Supreme Court 'Case Of No Investigation': Supreme Court Acquits Murder Accused Citing 'Shoddy' Police Work And Lack Of Forensic Evidence 'Status Quo Cannot Be Vacated Without Appropriate Security': Supreme Court Directs Additional ₹200 Crores Deposit In RAKIA-Matrix Case SARFAESI Act | 'Bank' As Assignee Can Invoke Recovery Measures Even If Debt Was Originally Created By Non-Notified Financial Institution: Supreme Court 'CBI Failed Miserably': Supreme Court Tears Into 'Fabricated' Case, Acquits Bank Manager In 35-Year-Old Corruption Trial Mere Delay In Tax Deposit Cannot Be Equated With Non-Payment: Supreme Court Quashes Penalty On Saudi Arabian Airlines Revisional Power Under Section 56 Karnataka Land Revenue Act Cannot Be Invoked Beyond Three-Year Limitation Period: Supreme Court Prosecution Can’t Use Known Locations To Create 'Discovery' Fiction: Supreme Court Rejects Site Plan As Evidence Irretrievable Breakdown Of Marriage And Long-Term Separation Constitute Valid Grounds For Divorce Under Section 13(1)(ib) HMA: Supreme Court 'Proof Beyond Reasonable Doubt Is A Guideline And Not A Fetish': Supreme Court Acquits Man In 2007 Murder Case Over Fragile Circumstantial Evidence

Supreme Court Acquits Appellant in Kidnapping Case - Insufficient Evidence

04 September 2024 9:43 AM

By: Admin


In a significant ruling, the Supreme Court of India acquitted K.H. Balakrishna, the appellant in a high-profile kidnapping case, citing insufficient evidence. The judgment, delivered on March 21, 2023, by Justices V. Ramasubramanian and Pankaj Mithal, overturned the earlier convictions under Sections 366, 342, and 506 of the Indian Penal Code (IPC).

The apex court, in its judgment, emphasized the lack of substantial evidence supporting the prosecution's claims. Justice Pankaj Mithal, in his remarks, stated, "The impugned judgment and orders of the courts have completely failed to take into consideration the above aspects of the matter in holding the appellant guilty of the offenses solely on the basis of the statement of PW2, which as described above is not sufficient to prove the appellant guilty."

The case revolved around the alleged kidnapping of a woman, referred to as PW2, who had known the appellant since 1993. The victim's statement revealed a history of familiarity and an engagement that was ultimately called off due to the appellant's employment status. The court noted that there was no evidence to establish that the appellant forcibly took or kidnapped the victim against her will. Furthermore, the victim's conduct suggested a possible elopement, rather than an abduction.

Highlighting the absence of maltreatment or coercion during the period the victim and the appellant were together, the court stated, "The appellant behaved decently and assisted the victim in contacting her family members." The defense presented evidence supporting a marriage proposal between the appellant and the victim, which culminated in a temple wedding. The court found this evidence significant and highlighted the victim's apparent happiness and active participation in the ceremony.

Given the lack of conclusive evidence and the positive conduct of both parties since the alleged incident, the Supreme Court deemed the conviction and sentence untenable. "In the aforesaid facts and circumstances, we are of the opinion that conviction and the sentence as awarded by the trial court and confirmed by the High Court cannot be sustained in law," stated Justice V. Ramasubramanian.

Date of Decision: March 21, 2023

K.H. BALAKRISHNA vs THE STATE OF KARNATAKA

Latest Legal News