Case Note & Summary
The case involved the kidnapping and murder of a 7-year-old boy, Suresh, who was last seen leaving for school on 27.7.2009. His mother, Maheshwari, reported his disappearance after he failed to return home. She received a ransom call demanding Rs.5 lakhs for his release. The police investigation led to the arrest of the accused-appellant, Sunder @ Sundararajan, who confessed to strangling Suresh and disposing of his body in a tank. The trial court convicted him of kidnapping for ransom, murder, and causing disappearance of evidence, imposing the death penalty. The High Court confirmed the conviction and sentence. The Supreme Court upheld the decision, emphasizing that the circumstantial evidence was compelling and that the accused failed to prove the victim's release, thus inferring his murder. The court also addressed the appropriateness of the death penalty, concluding that the case fell within the 'rarest of rare' category due to the heinous nature of the crime.
Headnote
A) Criminal Law - Circumstantial Evidence - Standard of Proof - Indian Evidence Act, 1872, Section 106 - The court held that once kidnapping was established, the burden shifted to the accused to prove the release of the victim, which he failed to do, leading to the inference of murder. (Paras 20-27). B) Criminal Law - Kidnapping for Ransom - Establishment of Guilt - Indian Penal Code, 1860, Sections 364-A, 302, 201 - The court found sufficient circumstantial evidence, including confessions and witness identifications, to convict the accused of kidnapping and murder. (Paras 24-29).
Issue of Consideration
Whether the circumstantial evidence was sufficient to establish the guilt of the accused-appellant for kidnapping and murder.
Final Decision
The Supreme Court upheld the conviction and death sentence of the appellant, finding that the circumstantial evidence was sufficient to establish guilt for both kidnapping and murder.
Law Points
- Circumstantial evidence
- burden of proof
- kidnapping for ransom
- murder
- disappearance of evidence
