Law:

Section:

(a) Criminal trial--- ----Circumstantial evidence, reliance upon---Scope---Deduction about the guilt of the accused could well be drawn from the circumstances---Where however the circumstances so reported were tinkered and tampered with, or contrived and conjured up, they could not be accepted without careful and critical analysis---Circumstantial evidence could form basis of conviction if it was incompatible with the innocence of the accused and incapable of explanation upon any other reasonable hypothesis than that of his guilt. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Kidnapping and murder of a four year old child---Re-appraisal of evidence---Death sentence, setting aside of---Motive remained unproved---When, where and in whose presence the accused persons exchanged threatening words with the complainant prior to the incident remained unproved and unsubstantiated---Witnesses who had allegedly last seen the deceased child on a motorbike in the company of the accused persons remained silent for three days and did not inform anyone of such fact---Such evidence was doubtful and it was not understandable as to why the accused would carry the deceased child so openly on a motorbike and thereby expose their identity---Statement of witness who allegedly saw the accused persons disposing body of deceased child in a bag was not free from doubt and appeared to be unnatural---Alleged extra-judicial confessions of the accused persons neither rang true nor fit in with the surrounding circumstances of the case---Medical evidence did not support the prosecution version---Original report of chemical analysis was also withheld---Evidence of recoveries did not inspire confidence as the witnesses attesting them being closely related to the complainant were highly interested witnesses---Alleged recoveries also appeared to be contrived and conjured up when nothing incriminating came forth, pursuant to the first raid conducted at the house of accused persons soon after the occurrence and then everything incriminating was allegedly found from the same places of the house pursuant to another raid conducted 10/15…

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