Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Witnesses to last seen theory have not specified date and month on which they saw accused and deceased together but only state that they have seen accused and deceased - Even relative of deceased and all witnesses stated that both deceased and accused were cordial - PWs have..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Rumors were in village that there was an affair between wife of accused and deceased, but there is no positive evidence regarding this aspect - In order to prove motive, case of prosecution is not firm and evidence available on record particularly statement of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Identity of dead body of deceased - Dead body of deceased recovered from nala - Death occurred due to drowning - However, face of deceased was disfigured, but father of deceased identified both tattoo mark as well as clothes of deceased - Dead body of deceased thus, identified by her father...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of dead body of deceased at the instance of accused - Evidence of PW2 except stating that he came to know through his brother that he took deceased to house of accused, there is no incriminating evidence regarding recovery at the instance of accused - Accused was very much present at the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Identification of dead body is in fact not very clear as same was highly decomposed - There is no conclusive evidence that it is accused who committed murder of deceased - No such incriminating evidence adduced by prosecution pointing out guilt of accused in commission of murder of deceased -..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Last seen witnesses PW3 and PW5 admitted that they are cousins of deceased - Prosecution failed to establish presence of both these witnesses at the spot - There are major contradictions in statements of these witnesses - Last seen evidence is not reliable...........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder - Circumstantial evidence - Accused implicated in the case merely on basis of suspicion, as at the time of preparation of inquest report, which is duly signed by family members of deceased as well as Sarpanch, no suspicion was raised against anyone - Wife of deceased involved accused merely on basis of..........
Indian Penal Code, 1860, Section 302, 201, 452, 506, 34 -- Murder - Circumstantial evidence - Last seen evidence - Conduct of last seen witness PW14 creates dent in prosecution story as he remain silent for a considerable long period i.e nearly one month - PW14 knows the family of deceased and he knows deceased was missing and also knows that family of deceased entertains..........
Indian Penal Code, 1860, Section 302, 201, 364, 120B, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - After considering the entire evidence and re-appreciating, chain of circumstances is complete which rules out any possibility that there can be any other person than accused persons who committed murder - Circumstances..........
