Acquittal: POCSO: Not conducting a potency test on the accused along with the negative DNA report and lack of eyewitness to the incident creates suspicion about the prosecution’s case
Section 34 IPC: Evidence on record falls short of establishing either a prior meeting of minds hence mere presence is insufficient to convict the accused with the aid of Section 34 IPC
Though there are variations in the two dying declarations the second dying declaration is found more believable and witnesses did not state many facts in their 161 statements
Court must balance State’s interest and accused’s fundamental right to liberty and should not reject the A.B based on mere A.G or P.P’s statement on offence
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