https://www.taxtmi.com/caselaws?id=196643 A conviction under TADA cannot stand on circumstantial material that fails to connect the accused with the kidnapping and killing beyond reasonable doubt; here, the hostile and non-material witnesses did not establish involvement, so the conviction was unsustainable. The special-law charges were also invalid because the charge under Section 3(5) was framed for a provision not yet in force, and Section 3(2)(i) required the terrorist intention in Section 3(1), which was neither charged nor proved. The Section 313 examination was unfair because it proceeded on an evidentiary basis not supported by record, and the conviction was set aside. en-us Tue, 07 Jul 2009 00:00:00 +0530 Mon, 11 Dec 2017 12:22:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196643 A conviction under TADA cannot stand on circumstantial material that fails to connect the accused with the kidnapping and killing beyond reasonable doubt; here, the hostile and non-material witnesses did not establish involvement, so the conviction was unsustainable. The special-law charges were also invalid because the charge under Section 3(5) was framed for a provision not yet in force, and Section 3(2)(i) required the terrorist intention in Section 3(1), which was neither charged nor proved. The Section 313 examination was unfair because it proceeded on an evidentiary basis not supported by record, and the conviction was set aside. Case-Laws Indian Laws Tue, 07 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196643