Penal Code, 1860–Secs. 306 & 376–Conviction–Sustainability–Deceased stated in parcha bayan that she herself poured the kerosene and afire her body whereas in dying declaration, she stated that the appellant set her afire–Stark contradiction–Her intention was to implicate the appellant by all means–Deceased was a major girl and theory of allurement does not stand in eyes of law–Further, the place of rape stated by her also cannot be believed–No allegation of threat in the dying declaration for so-called forcible intercourse–Suicide notes were never sent to FSL for examination of handwriting–Further, the handwriting in the two suicide notes is found different to each other–No video clipping was recovered from the mobile of appellant–Evidence of victim is highly contradictory and vacillating–It is not sufficient to affirm the guilt of accused–Conviction set aside.
