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(2024) Law Today Live Doc. Id. 19155
Decided on: 16.04.2024
Indian Penal Code, 1860 (45 of 1860), Section 302, 376, 3(2)(V) – Murder – Rape – Acquittal -- Not a case of direct evidence -- Not a case of circumstantial evidence -- PW-1 and PW-2, star prosecution witnesses are parents of the deceased -- PW-2 was not present in the village when the incident occurred and PW-1/ mother has not seen the accused/ appellant committing the offence, she claims to have learnt of the complicity of accused/ appellant but no person has been identified from whom information has been received – No recovery from the accused/ appellant -- Not the case that dead body has been recovered on the pointing out of the accused/ appellant – Judgment of conviction and sentence set aside.
(Para 21-28)