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2020 Supreme(Pat) 249

SANJAY KAROL, S.KUMAR
State Of Bihar – Appellant
Versus
Ajit Kumar, S/o Gautam Prasad – Respondent


Advocates Appeared:
Shivesh Chandra Mishra, Advocate, Ravindra Kumar, Advocate, Rajesh Roy, Advocate

Table of Content
1. overview of the case and charges against the accused. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. legal standards for circumstantial evidence. (Para 10 , 36 , 38 , 89)
3. arguments presented regarding evidence and credibility. (Para 11 , 62)
4. court's considerations about the trial proceedings. (Para 12 , 74 , 120)
5. final judgment and release order. (Para 124 , 125 , 126)

JUDGMENT

Sanjay Karol, C.J. - Accused Ajit Kumar and Vishal Kumar enticed and kidnapped the prosecutrix (hereinafter referred to as ''the deceased''), a minor girl, from the guardianship of her parents residing in Village Pipra (Bihar) and took her first to Patna (Bihar) and then to Vadodara (Gujarat) where she was subjected to gang rape and burnt to death.

2. In crux, this is the case of the prosecution, concerning which accused Ajit Kumar stands convicted for committing an offence punishable under Sections 363 , 366A, 120B, 302, 376(D) of the INDIAN PENAL CODE and Section 6 (g) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act, 2012).

3. Concerning an offence under Section 302 I.P.C., the accused stands sentenced to be hanged by the neck till his death. N

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