Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Allegation that accused roaming around house of deceased - Merely because accused was 18 years of age as on date of incident, roaming around house of deceased would not lead to conclusion that accused has committed crime of rape and murder, unless prosecution is..........
Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Recovery of `Gudri' (mattress) - Mattress seized from house of accused though having semen stains but it did not have vaginal smear - Recovery of Mattress may raise some sort of suspicion in the mind of Court but having regard to other material on record moreso..........
Indian Penal Code, 1860, Section 364, 376, 302, 201, Evidence Act, 1872, Section 24 -- Kidnapping, rape and murder - Circumstantial evidence - Extra judicial confession - PW1 stated that accused confessed that he had committed a mistake of raping deceased and throwing dead body in well - He took accused to police station and produced him before Police Officer - No ground..........
Indian Penal Code, 1860, Section 364, 302 -- Abduction and murder - Circumstantial evidence - Last seen theory - Deceased was last seen with A-1 and A-2 in the morning - However, consistent stand of accused that deceased for reasons best known to him disappeared from Railway station, about which accused had informed PW1 on the same day - Neither A-1 nor A-2 absconded after..........
Indian Penal Code, 1860, Section 364, 302 -- Abduction and murder - Circumstantial evidence - Recovery of dead body of deceased - Timings of events staring from recording of disclosure statement of A-1 to recovery of dead body not established clearly - Panch witness reveals that dead body was found hanging to one tree and was completely decomposed - Though it is case of..........
Indian Penal Code, 1860, Section 364, 302 -- Abduction and murder - Circumstantial evidence - Entries made in register of hotel showing name of accused and deceased were not proved - Owner of hotel where register was seized not supported prosecution case - No evidence on record that prosecution made any effort to collect writing of A-1 during course of investigation and to..........
Indian Penal Code, 1860, Section 364, 302, 420 -- Abduction and murder - Cheating - Circumstantial evidence - Cause of death - Prosecution failed to establish probable cause of death of deceased, though it was recorded in inquest panchnama that death was caused by strangulation - Doctor who prepared post mortem report not examined by prosecution to prove contents of report..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Abduction and murder - Separate and distinct offence - Time and place of occurrence of two incidents are different - Number of accused involved in incidents is different - Even, there is no continuity of action gathered from sequence of events - Moreover, it is evident that unity of purpose and design between two offences..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Abduction and murder - Separate and distinct offence - Merely because there is common motive, second offence cannot be said to be in continuation of first incident especially when there being distinct intentions behind two offences...........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 27 -- Abduction and murder - Confession - Actual recovery of body happened before accused lead to police to the scene - Said fact does not negate validity of recovery based on confession in terms of S.27 of Evidence Act...........
