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Vijay Ranglal Chorasiya v. State of Gujarat

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 953 of 2009)Decided 25 Apr 2014
Criminal Appeal No. 953 of 2009
Justice T.S. Thakur · Justice C. Nagappan

Background

Manish was abducted from his car in Ankleshwar and held while his family received ransom demands. Police traced a call to Vijay Ranglal Chorasiya's telephone booth and ultimately rescued him. Three accused appealed, including Gautam Devjibhai Rathod, whose acquittal in a separate trial had been overturned by the High Court.

Decision Breakdown

The Supreme Court dismissed the appeals of Chorasiya and Gautam Kumar, maintaining their convictions and life sentences because identification, telephone and other reliable evidence connected them to the abduction. It allowed Rathod's appeal and set aside his High Court conviction because that court had relied on testimony from the other accused's trial despite rejection of the prosecution's application to transfer it. The High Court had to decide whether that testimony could lawfully be used and whether independent evidence otherwise supported conviction. Rathod's case was remanded for a fresh hearing, with release on ₹50,000 bail and two equal sureties unless required in another case; the Court did not finally decide his acquittal appeal.

Lesson Learnt

Evidence against one accused cannot automatically be used against another tried separately; the rules allowing testimony recorded in an accused's absence and the right to challenge it must be addressed.

Official source (sci.gov.in)View Judgment (PDF)

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