Penal Code, 1860–Sec. 379–Conviction–Sustainability–Alleged motor cycle was recovered by police officers before the arrest of petitioner where as the recovery memo revealing that it was recovered at the instance of petitioner after his arrest–Circumst-ances of recovery is not reliable–Further, the evidence of PW-2 does not support the case of theft by petitioner–No evidence available for linking the petitioner with alleged theft–Held, petitioner is entitled to be acquitted.
