Absence of Proof for Homicidal Death and Incomplete Chain of Circumstances Vitiate Conviction Based on Last Seen Theory.

The appellant was convicted by the Trial Court on 11/10/1995 for offences under Sections 120-B, 302/34, and 364 of the IPC.

The prosecution alleged that on 24/05/1985, the appellant and co-accused lured the deceased, Raju Soni, from his house on a motorcycle.

It was alleged they conspired to tie him up, transport him to a forest, and kill him by fire.

Fifty-three days after the disappearance, a skeleton was recovered based on a Section 27 Evidence Act statement by a co-accused.

The appellant challenged the conviction on grounds that the death was not proved to be homicidal, "last seen" evidence was fractured, and there was no evidence of forcible abduction.

1. Whether the voluntary accompaniment of the accused by the deceased constitutes "abduction" under Section 364 of the IPC.