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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
ABC – Respondent
| Table of Content |
|---|
| 1. jjb acquitted jcl due to unreliable circumstantial evidence (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties dispute evidence sufficiency and revision scope (Para 7 , 8 , 9 , 10) |
| 3. revision bars converting jjb acquittal to conviction (Para 11 , 12) |
| 4. ransom letter and pw3 testimony unproved unreliable (Para 13 , 14 , 15 , 16 , 17) |
| 5. disclosure recoveries need independent crime link (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. death possibly accidental; site plan not substantive (Para 28 , 29 , 30 , 31 , 32) |
| 7. no perversity warrants revision interference (Para 33 , 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 3.3.2015, passed by learned Principal Magistrate (Juvenile Justice Board), (PMJJB), Una, District Una, HP, vide which the juvenile in conflict with law (JCL) was acquitted of the accusations under Sections 364, 302 and 201 of the Indian Penal Code (IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present revision are that the police filed a charge sheet b
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