Penal Code, 1860–Sec. 326–Conviction–Sustainability–One of the eye-witnesses named by the injured witness turned hostile and another eye-witness was found to be a planted witness–No evidence was produced by the prosecution as to when the information about the incident was received at the police station–Entry of seized articles of victim on different dates raises a serious doubt about the veracity of seizure, sealing and safe custody–No material to show that the seal impressions with which the packets sent to FSL examination were sealed, were forwarded to FSL–Appellant was arrested on 14.05.1996 and information u/s. 27 was furnished on 21.05.1996 and plastic container used in the commission of offence was recovered on 24.05.1996 but as per the deposition of the injured, it was not used in commission of offence–No other cogent evidence except the deposition of the injured–It was not safe to record the findings of conviction.
