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Volume No - 7 Issue No - 11
While the complainant was well within the remit of law to pursue his case through a private complaint, nonetheless, nonexamination of investigating officer alongside some other witnesses cannot be countenanced without exposing the accused to a grievous prejudice. Prosecution case is not free from doubt and . thus it would be unsafe to maintain the conviction. Resultantly, Criminal Appeal is allowed, the impugned judgment is set aside. The appellant shall be at set at liberty forthwith, if not required in any other case.