Requirements for invocation of S. 106, Evidence Act, explained. Acquittal granted to a man sentenced to death for alleged rape and murder of minor girl. Held, We cannot shy away from the fact that it is a ghastly case of rape and murder of a 6 year old child. By not conducting the investigation properly, the prosecution has done injustice to the family of the victim. By fixing culpability upon the appellant without any shred of evidence which will stand the scrutiny, the prosecution has done injustice to the appellant. Court cannot make someone, a victim of injustice, to compensate for the injustice to the victim of a crime. Para 87

Forensic Science Laboratory (FSL) Report not obtained

Failure to Conduct Medical Examination

further statement of the convict under Section 313 CrPC. Four questions were put to the convict to enable him to explain the incriminating circumstances pointing towards his complicity in the alleged crime

 

 [Chotkau v. State of U.P., (2023) 6 SCC 742]

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