Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Material witnesses except PW8 not supported prosecution case - However, PW8, named accused only on basis of suspicion - Suspicion how-so-ever strong cannot take place of proof - Statement of PW8 is not corroborated by any other evidence on record - Prosecution failed to prove its case - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, 201, 382, 467, 468, 420, 210, 411, 120B, 34 -- Murder - Circumstantial evidence - Accused acquitted as following circumstances not proved against them: (i) absence of missing report of deceased; (ii) last seen evidence not proved; (iii) Police not conduced Test identification parade and even there was lot of delay in identification of..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Quashing of investigation and proceedings in FIR - No material found in investigation to connect petitioner with crime - Only allegation against petitioner is that he abetted the offenders - Offenders against whom police filed charge sheet stands acquitted by Court, hence no offence whatsoever is made out against..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Recovery of dead body of deceased - Allegation that accused was seen carrying dead body of deceased in a rexin bag on the day after girl went missing - However, dead body was found after ten days - Post mortem conducted thereafter indicated time of death to be..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Recovery of drawing book of deceased from house of accused - Prosecution alleges that threatening letter was written on a piece of paper from said drawing book - However, no attempts were made either to have any forensic analysis or examine handwriting expert..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Threatening calls - STD booth operator stated that two calls were made from his STD to specified mobile numbers - However, nothing has been brought on record that those mobile numbers belongs to PW4 and PW10 or were in any way under their control - Mere..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Most of PWs turned hostile and statement of witnesses produced suffer from serious material contradictions - Important and relevant witnesses not produced by prosecution - Even, memo of arrest of accused not produced - Prosecution failed to complete chain of events leaving any reasonable..........
Indian Penal Code, 1860, Section 302, 365, 201, 34, Evidence Act, 1872, Section 3 -- Kidnapping and murder - Appreciation of evidence - There is direct evidence in the form of ocular testimonies which establish that present accused and others had kidnapped and had held their captivity - Further, there was no time gap or interregnum between disappearance and kidnapping -..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - No eye witness to actual occurrence - Evidence of last seen witnesses is contradictory - Though deceased was found in the company of accused on 25.8.98 but as per medical evidence deceased died somewhere between 25.1.98 to 27.1.98 - Time elapsed since death was 24-96 hrs -..........
