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Om Prakash vs. State of Rajasthan

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Penal Code, 1860–Secs. 302, 376 & 201–Conviction–Sustainability–Case of prosecution that the appellant kidnapped the child, aged 11 years, raped with her and, thereafter, strangulated her to death–Delay of four days in sending FIR–No explanation–Distance of 5 kms. was found between the alleged place of incident and the place from where the dead body was recovered–No explanation by prosecution as regard to fact that who carried the body for a long distance–Further, no medical evidence was found as regard to committing rape–Motive attributed to the appellant is not found corroborated with
medical evidence–Prosecution case could not have been proved beyond reasonable doubt–Appellant is entitled to be acquitted.