Summary
Conviction and life imprisonment for kidnapping for ransom were upheld despite the co-accused’s unchallenged acquittal and non-recovery of the child’s body. Witnesses placed the appellant with the child, and the victim’s identified school bag and named records were recovered from his house without a satisfactory explanation. The absence of a body was a relevant circumstance, not an automatic ground for acquittal.
Issues
- Whether the co-accused’s acquittal and non-recovery of the victim’s body undermined the appellant’s conviction on the remaining evidence.
Held
- The co-accused’s acquittal conferred no automatic benefit where independent evidence implicated the appellant. Witnesses described his presence with the child, and the identified school belongings recovered from his home remained unexplained beyond denial. (¶ 7–8)
- Failure to recover a body does not invariably make the prosecution doubtful. It must be weighed with all circumstances; credible last-seen evidence and recovery of the victim’s belongings supported conviction here. (¶ 9–10)
- The cited acquittal precedents lacked comparable credible last-seen or recovery evidence and were factually distinguishable. (¶ 11)
Result
Appeal dismissed; conviction under section 364-A IPC and sentence of rigorous imprisonment for life maintained.