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Sunder @ Sundaram vs. State by Inspector of Police (SC)

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Penal Code, 1860–Sec. 364–Custody of kidnapped person–Once the person has been shown as having been kidnapped, the onus would be shifted on the kidnapper to establish how and when the kidnapped individual came to be released from his custody–In the absence of any such proof produced by the kidnapper, it would be natural to infer that the kidnapped person continued in the custody of kidnapper, till he was eliminated.