names RL Yurhor, Ashang and
Jonney as named as accused in the case.
(xiii) Conduct of the abductors do not show that it was abduction ... case of the prosecution that despite ceasefire agreement of
1997, the NSCN(IM) people are kidnapping, abducting and
killing persons holding high positions in civil
remissions,
before consideration of his case for premature
release.”
In the case of Selvam v. State4 which is a case involving
murder and rape ... jail
without remission. In the case of Tattu Lodhi v. State of
Madhya Pradesh5 in a case involving kidnapping of minor girl
aged about
High Court.
4
6. In order to make out the offence of kidnapping the two children
for ransom, a number of witnesses were examined. Though ... offence of kidnapping and rape.”
When it came to confirming the death sentence, the High Court held:-
19
“82. In this case, the aggravating circumstances
been observed that:-
"10. In case of the refusal of the bail, some reasonable grounds for believing above-mentioned exceptions must be brought before ... father and other relatives of other kidnapped boy had developed enmity with the revisionist, that is why in case of his release, the physical
view is an illustrative and most
exemplary case to be treated as the 'rarest of rare cases' in which
death sentence ... Supreme Court Cases 317 wherein the
Honourable Supreme Court considered a case where a eight year old minor girl was
kidnapped, raped and done
view is an illustrative and most
exemplary case to be treated as the 'rarest of rare cases' in which
death sentence ... Supreme Court Cases 317 wherein the
Honourable Supreme Court considered a case where a eight year old minor girl was
kidnapped, raped and done
thumb impressions affixed on ten blank papers. In
our opinion, the prosecution case becomes highly doubtful and the
possibility of the appellant having been falsely ... possibility of rape. In
this background, the case of the prosecution that the accused
kidnapped the deceased with the motive to commit rape and,
thereafter
such general rule. Each case must be
limited to and be governed by its own facts."
10.2 In the case at hand, only because ... deceased was involved in G.R. Case No. 619 of 1992
for assault, theft and kidnapping from the house of Nilima and Nilima
Mohanty
prayed that
they were innocent and had been falsely involved in this case due
to political rivalry. Appellants examined two witnesses in their
defence.
Trial ... they had
not supported the prosecution case during trial as Hemant,
nephew of the complainant, had been kidnapped by the accused
party. However
prayed that
they were innocent and had been falsely involved in this case due
to political rivalry. Appellants examined two witnesses in their
defence.
Trial ... they had
not supported the prosecution case during trial as Hemant,
nephew of the complainant, had been kidnapped by the accused
party. However
