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Subash Thapa v. State of Sikkim


Penal Code, 1860 – Ss. 302, 392 & 427 – Prosecution has not only failed to establish the last seen together theory, but also the motive of the appellant for committing the crime – the seizure of the articles is fraught with inconsistencies – In the absence of cogent, consistent and plausible evidence furnished by the Prosecution, there is every possibility of a false implication of the accused.