Search Results Page
Search Results
1 - 10 of 25 (0.24 seconds)The Terrorist And Disruptive Activities (Prevention) Act, 1987
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Malleshi vs State Of Karnataka on 15 September, 2004
The essence of abduction as noted above is causing to stay in isolation and
demand for ransom. The demand in the present case has already been made by conveying
it to the victim. In Netra Pal case1 the High Court noted that there was no demand to
pay. The factual position in that case as noted above is that the victim was a child to
whom no demand could have been made. In that background the High Court took the
view that Section 364-A has no application as no demand had been communicated. The
position factually is different here. Ultimately the question to be decided is "what was the
intention? Was it demand of ransom?" There can be no definite manner in which demand
is to be made. Who pays the ransom is not the determinative fact, as discussed supra."
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Andhra Pradesh vs Vallabhapuram Ravi on 14 September, 1984
42. Considerable arguments were made during the course of hearing that the ransom call was
not shown to have been made by any of the accused; there was no connection between either of
them and the call received by PW-1. The decision in Mahavir Prasad Verma v. Surinder Kaur,
AIR 1982 SC 1043 and of a Division Bench of this Court, in State v. Ravi, 2000 (1) AD (Del)
222 have ruled that tape recorded conversations can be relied upon as corroborative evidence of
conversation deposed to by parties to the conversation and in the absence of evidence (of such
conversation) the tape recording is not proper evidence, and cannot be relied on. Similarly, the
judgments reported as R.M. Malkani v. State of Maharastra, AIR 1973 SC 417; Ziyauddin
Burhanuddin Bukhari v. Brijmohan Ramdass Mehra, AIR 1975 SC 1788 and Ram Singh v. Col.
Ram Singh, AIR 1986 SC 3 show what are the material tests for a tape recording to be
admissible, as evidence. The Court had indicated that the fulfillment of the following
preconditions was essential for a tape recording to be admissible in a trial:
Ziyauddin Burhanuddin Bukhari vs Brijmohan Ramdass Mehra & Ors on 25 April, 1975
42. Considerable arguments were made during the course of hearing that the ransom call was
not shown to have been made by any of the accused; there was no connection between either of
them and the call received by PW-1. The decision in Mahavir Prasad Verma v. Surinder Kaur,
AIR 1982 SC 1043 and of a Division Bench of this Court, in State v. Ravi, 2000 (1) AD (Del)
222 have ruled that tape recorded conversations can be relied upon as corroborative evidence of
conversation deposed to by parties to the conversation and in the absence of evidence (of such
conversation) the tape recording is not proper evidence, and cannot be relied on. Similarly, the
judgments reported as R.M. Malkani v. State of Maharastra, AIR 1973 SC 417; Ziyauddin
Burhanuddin Bukhari v. Brijmohan Ramdass Mehra, AIR 1975 SC 1788 and Ram Singh v. Col.
Ram Singh, AIR 1986 SC 3 show what are the material tests for a tape recording to be
admissible, as evidence. The Court had indicated that the fulfillment of the following
preconditions was essential for a tape recording to be admissible in a trial:
Vinod vs State Of Haryana on 24 January, 2008
The above observations were followed in Vinod v State of Haryana 2008 (2) SCC 246 and P.
Liaquat Ali Khan v State of AP 2009 (12) SCC 707.
Shyam Babu & Ors vs State Of Haryana on 11 November, 2008
In Shyam Babu v. State of Haryana, (2008)
15 SCC 418, the essence of the provision was explained as follows: