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Akseena vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Sec. 319–Application under–Dismissal of–Witness PW 8 did not identify the respondent in Court as an additional accused–Merely because the name of respondent no. 2 was spoken in the dark of night, it cannot be said that he was present at the place of the incident–No identification parade was conducted during the investigation–No sufficient evidence to implead the respondent no. 2 u/s. 319–Held, the application was rightly rejected.