Penal Code, 1860–Sec. 436 [Corresponding Sec. 326(g) of BNS, 2023]–Acquittal from the offence–Appreciation of–Court below has undertaken an exhaustive and threadbare scrutiny of the prosecution evidence–Complainant was admittedly unaware as to who preciously had set the bus on fire–The names of the accused persons were conspicously absent in the FIR–PW 4 categorically denied having seen the accused persons either vandalizing or setting the bus ablaze–PW 5 admitted that he was not acquainted with the accused persons earlier–No test identification was conducted during the investigation–Trial Court rightly doubted about the presence of PW 7 & 8 at the place of occurrence–Prosecution failed to establish the case by reliable and unimpeachable evidence–State has not challenged the findings of acquittal–Held, no case is made out for interference in the findings.
