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Volume No - 11     Issue No - 22

Where the conduct of sole eye witness is unnatural and there are various other surrounding circumstances which make his presence at the site of incident doubtful, such a lapse on the part of the investigating officer assumed significance and is not liable to ignored. we are not able to appreciate the reasongiven by the Courts below for convicting the appellants for the alleged offences. On the contrary, we are of the considered view that prosecution has failed to establish the guilt of the accused beyond reasonable doubt. The incident does not appear to have happened in the manner in which the prosecution wants the Court to believe it had happened. In the

circumstances, we set aside the impugned orders of the Courts below and allow these appeals. The appellants are directed to be released forthwith unless required in any
other case

Judgement as it is


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