Penal Code, 1860–Secs. 302, 376/511 & 435–Protection of Children from Sexual Offences Act, 2012–Sec. 3/4–Conviction–Sustainability–Case of prosecution is not established by the testimony of witnesses–Contradiction between the parcha bayan and dying declaration–Fact of pouring kerosene and burning the deceased by the appellant is not established from the panchnama–Deceased was found burned below the neck–It contradicts that anyone poured the kerosene and burned her–Doctor admitted that it was a case of dry flames–Smell of kerosene was not found in the bottle recovered from the spot–No medico legal report was prepared before recording the dying declaration–Certificate of fit mental state was also not given–Burned charpai and other articles were not recovered by the Investigation Officer–Held, the prosecution failed to establish the case beyond the reasonable doubt–Appellant is entitled to be acquitted.
