Indian Penal Code, 1860, Section 364, 365, 448, 506, 511, 34 -- Kidnapping - Complainant not explained as to why names of two persons, who were subsequently named by him were not disclosed for 15 long years - It shows that complainant was trying to put forth improved version - Statement of complainant is also contradictory to official witnesses examined by prosecution -..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
Indian Penal Code, 1860, Section 364, 376 -- Abduction and rape - Entire story as narrated by victims is full of holes and it raises a grave suspicion which qualifies as reasonable doubt - Nobody examined from matrimonial house to speak on the victims having left their residence without informing their in-laws or their husbands - Doctor who examined victims, deposed that..........
Indian Penal Code, 1860, Section 363, 364, 34 -- Kidnapping - Material inconsistencies in deposition of witnesses as out of 12 PWs 11 have been declared hostile - Prosecution case has not been supported by anyone other than informant himself - There is no eye witnesses to occurrence and all the PWs were declared hostile and have not seen the occurrence - Informant in his..........
Indian Penal Code, 1860, Section 323, 364, 387, 147, 149 -- Offence u/ss 323, 364, 387, 147, 149 IPC - Land dispute between parties - Injured himself admits that he was released by accused on the same day - Injury sustained by injured does not correspond with the manner of occurrence as stated by him and same is superficial in nature - There was simple demand of Rs.1 lakh..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Non-examination of natural witnesses and many other neighbours who admittedly came out of their houses to witness the offence, coupled with the fact that projected eye witnesses failed to explain their presence at the place of occurrence, renders the entire version of prosecution improbable and..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Testimonies of eye witnesses - Natural presence of eye witnesses at the place of occurrence is under serious doubt, as naturally present public persons were not examined as witnesses - Conduct of eye witnesses also appears to be unnatural considering that they were all relatives of deceased - Evidence..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Post mortem report indicates that death of deceased was unnatural and commission of murder cannot be ruled out - But there is no direct evidence on record to prove the commission of murder by appellants - Link of causation between appellants and alleged offence is conspicuously missing -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 323, 506, 147, 148, 212, Arms Act, 1959, Section 25 -- Bail - Murder - Accused has suffered incarceration of 2 years, 9 months and 28 days - No injury has been attributed to accused on the person of complainant - Co-accused has already been granted bail - Conclusion of trial will take a..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Allegation that four months old baby was kidnapped and murdered by accused - Missing of child and contemporaneous conduct of accused feigning pregnancy have relevance in terms of S.8 of Evidence Act and subsequent recovery of child who was later on found to be dead seen with..........
