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2019 Supreme(Del) 1462

SIDDHARTH MRIDUL, MANOJ KUMAR OHRI
State – Appellant
Versus
Om Prakash – Respondent


Advocates Appeared:
Radhika Kolluru, Adv., G.S. Sharma, Adv., V.K. Sharma, Adv., R.A. Sharma, Adv.

JUDGMENT :

Siddharth Mridul, J.

The State has instituted the present appeal under section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') assailing the impugned judgment dated 14.02.2011, in Session Case No. 47/08, arising out of FIR No.98/06, registered at Police Station Mehrauli; whereby the learned Trial Court has, acquitted the accused Om Prakash, the respondent herein, of the charges framed against him under section 302/363/376/201 Indian Penal Code (hereinafter referred to as 'IPC') 1860.

2. The case of the prosecution as elaborated by the trial court is briefly encapsulated as follow: -

"That on 17.02.2006 an information was received regarding missing of a child Ms. Bobby in P.S-Mehrauli which was noted vide DD No. 8A. The case was registered for the offence under section 363 IPC was registered on 21.02.2006 on the statement of Sh. Vijay Poddar (PW1). Ex. PW1/A vide FIR. Ex. PW6/A, hue and cry notice was released. On 25.02.2006 a dead body was recovered from a water tank situated in a godown in plot no. 10/34 Yog Maya temple complex, Mehrauli. The presence of the dead body in a water tank was noticed when a foul smell started emanating from a

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