Penal Code, 1860–Secs. 395 & 398–Conviction–Sustainability–Accused were not mentioned in the FIR–They were not known for the complainant–There was dark at the place of incident–Witness R failed to identify the present appellant ‘S’–Names of accused were published in newspaper on the next day of incident–Identification parade was hold after 20 days which has no consequence–No evidence as regard to fingerprints of present appellant ‘S’–No recovery from him–Held, appellant is entitled to be acquitted.
