Law: Penal Code (XLV of 1860)

Section: 302,365-A,377,201,34

Law: Anti Terrorism Act, 1997

Section: 7(e)

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 365-A, 377, 201 34---Anti-Terrorism Act (XXVII of 1997), S.7(e)---Qatl-i-amd, kidnapping for ransom, sodomy, causing disappearance of evidence of offence, common intention, act of terrorism---Appreciation of evidence---Prosecution case was that the accused persons abducted the son of complainant for ransom committed sodomy and thereafter murdered him---Appreciation of evidence---Contradictions in the statement of eye-witness---Scope---Record showed that eye-witness/brother of the complainant repeated the story as mentioned in the FIR---Said witness, in cross-examination disclosed that accused and co-accused was driving their own respective Rickshaws but he did not know about their (Rickshaws) registration numbers---Said was first major contradiction as compared to the contents of the FIR, which disclosed only one Rickshaw at the place of incident---Circumstances established that the prosecution had not been able to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. [p. 1025] A (b) Penal Code (XLV of 1860)--- ---- Ss. 302, 365-A, 377, 201 34---Anti-Terrorism Act (XXVII of 1997), S.7(e)---Qatl-i-amd, kidnapping for ransom, sodomy, causing disappearance of evidence of offence, common intention, act of terrorism---Appreciation of evidence---Medical evidence---Scope---Prosecution case was that the accused persons abducted the son of complainant for ransom, committed sodomy and thereafter murdered him---Record showed that the remarks of Medical Officer (though not examined) in the post-mortem report were that from external and internal examination of dead body of son of complainant and his opinion was that death occurred due to neurogenic shock as a result of injuries, which were sufficient to cause death and all those injuries, individually as well as collectively were ante-mortem in nature---Cause of death when found to be the incident on account of neurogenic shock of injuries wounds sloughing of flesh from right leg from thigh (mid) to ankle and abrasion on the left anterolateral side of anus, it was inevitable for the prosecution to have obtained the…

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