Indian Penal Code,1860  - Section 302

Conviction - Surprising that if the appellant had committed such a heinous crime he would continue to sit in the room - His first reaction would have been to run away - It is also difficult to appreciate as to how those who had gathered at the scene of offence kept quiet after seeing such a gruesome crime - The reaction of the people would have been to take him to the police station - The prosecution is heavily relying on the fact that the appellant was alone in the room along with the children and no one else could have gone inside the room to kill the children - The prosecution has suppressed the genesis of the case - The incident does not appear to have happened in the manner in which the prosecution wants the court to believe it had happened - The police came to the scene after about one hour - As to what happened in between is anybody's guess - The appellant, therefore, must be given benefit of doubt - In the circumstances Supreme Court sets aside the impugned order - The appellant is directed to be released forthwith unless required in any other case.

Topic(s)-