2018 CRL. L. J. (NOC) 457 (PAT.)
Bachcha Jee Ramanand Das v. State of Bihar.
Criminal Appeal (DB) No. 501 of 2014. D.9-3-2018.
(A) Criminal P. C. (2 of 1974), Ss. 154, 157-FIR-Delay in lodging and dispatch to Magistrate Effect enexplained delay of 2 days in filing FIR and further delay of one day in dispatching copy of FIR toa Magistrate Whole prosecution case rendered doubtful. (Para 13)
(B) Penal Code (45 of 1860), S. 364 Evidence Act (1 of 1872), Ss. 3, 8- Kidnapping Appreciation of evidence – Accused persons allegedly kidnapped son of informant, out of prior enmity All witnesses deposing against accused, relatives of informant Only independent witnesses merely stated about seeing accused together on road and not about accused kidnapping victim Informant visited house of only one accused person when his son not found, such conduct highly unnatural House of other co-accused neither visited nor searched by informant No occasion for informant to keep searching for victim, when he knew that accused kidnapped victim with intention to kill him Accused persons having no criminal antecedents Alleged enmity between accused persons and informant, not established Accused entitled to benefit of doubt.