Supreme Court Of India

Hon'ble Judge(s): Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi , JJJ

(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 (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 accused with....