Indian Penal Code, 1860
Sections 302 & 376 and Section 4 of the POCSO Act—Rape and murder of minor—Death sentence—Dead body was found hanging from the tree, which was visible from the house of deceased—Judgment of acquittal of juvenile accused has not been challenged—Report of CFSL is highly doubtful—Once the DNA report cannot be made basis for conviction, the absence of the semen in the leggings when the dead body was recovered makes it more doubtful that she had been raped—Even the recovery becomes doubtful—Role of accused becomes more doubtful, as after suffering injuries could have driven the motorcycle, and take the deceased at the site committed rape and after killing her, brought the dead body and hanged it from the tree, from where the dead body was visible to everybody and also from the house of the deceased—Entire version of prosecution is highly doubt doubtful—Conviction set aside.
[Paras 44 to 56]