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Supreme Court Of India
Uday Umesh Lalit,
S. Ravindra Bhat,
Bela M. Trivedi
, JJ
(A) Penal Code (45 of 1860) , S.365, S.367, S.376(2)(g), S.302, S.201, S.34— Evidence Act (1 of 1872) , S.3— Kidnapping, gang rape and murder – Identity of accused persons – Proof – Accused persons kidnapped victim, committed gang rape on her, murdered her and thrown her dead body in fields – Case of prosecution, that victim along with her witness friends was returning home and when she and her friends were walking through Chowk, a red-coloured Tata Indica car came from behind and suddenly stopped near them, one boy thereafter came out of car and pulled victim into car and three-four persons were sitting in said car – No T.I. Parade was conducted by I.O. during course of investigation for identification of accused – Though case of prosecution to some extent was supported by witnesses, but neither of witnesses identified accused during their respective depositions before Court – Identity of accused in alleged abduction of victim not established.
Criminal Appeal Nos. 563 of 2014, 726 of 2014 and 1036 of 2014, D/- 26.08.2014 (Del)-Reversed(Paras1920)
(Para 19
20)
(B) Penal Code (45 of 1860) , S.365, S.367, S.376(2)(g), S.302, S.201, S.34— Evidence Act (1 of 1872) , S.3— Kidnapping, gang rape and murder – Arrest of a….
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