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Rameshwar & Dinesh @ Pillu vs. State of Rajasthan

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Penal Code, 1860–Secs. 346-A, 365 & 120-B–Conviction–Sustainability–All the indepen-dent witnesses turned hostile and did not support the prosecution story–Prosecution failed to prove the identity of kidnappers–No identification parade was held, whereas the accused’s were unknown for the witnesses–Contradiction between police record and statements of victim–Accused M was introduced after recovery of victim–His disclosure statements could not be proved voluntary–Defence pleas that he was demanding his mother’s share which was in possession of PW-1–Contradiction in regard to arrest of accused R–Held, the prosecution failed to prove the case beyond doubt the conviction is liable to be set aside.