Heinous Crime
Punishment—No conviction should be based merely on the apprehension of indictment or condemnation over the decision rendered—Every case has to be decided by the Courts strictly on merits and in accordance with law without being influenced by any kind of outside moral pressures or otherwise.
[Para 33]
Indian Penal Code, 1860
Sections 201, 302, 365, 367, 376(2)(g) & 377 read with Section 34—Kidnapping, gang rape and murder—Conviction—Evidence with regard to arrest of appellants-accused, their identification, discoveries and recoveries of incriminating articles, identity of Indica Car, seizures and sealing of articles and collection of samples, medical and scientific evidence, report of DNA profiling, evidence with regard to CDRs etc. were not proved by prosecution by leading, cogent, clinching and clear evidence much less unerringly pointing the guilt of accused—When prosecution failed to bring home the charges levelled against accused persons beyond reasonable doubt, the Court is left with no alternative but to acquit the accused, though involved in a very heinous crime—Conviction set aside—Appeal allowed.
[Paras 32 to 37]
Decision : Appeal allowed