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Shakir vs. State of Rajasthan

48.00 4.80

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Penal Code, 1860–Secs. 302/120-B, 342, 377 & 201–Conviction–Sustainability–Evidence of approver witness cannot be termed the evidence in the purview of Sec. 306 as he was not made the co-accused and his role was limited only up to seeing the incident–Further, the fact of seeing the incident by him is not established beyond the reasonable doubt–Cause of death was suffocation–No scientific evidence as regards to unnatural intercourse–Neither any finger mark on the neck nor the hyoid bone was fractured–Witnesses of recovery turned hostile–Prosecution failed to link the blood group of blood found on the articles–Recovery of chappals of accused is not reliable–Prosecution failed to establish the footprints–Statements of accused u/s. 313 are not corroborated with the evidence available on record–Held, appellants are entitled to be acquitted.