Penal Code, 1860–Secs. 452, 436 & 323 [Corresponding Secs. 333, 326(g) & 115(2) of BNS, 2023]–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(2)(iv)–Conviction–Sustainability–Unexplained delay of 25 hours in lodging the report–Several persons were admittedly present at the place of incident but none of them went to nearby police station to report the matter–Significant doubt regarding the identity of accused M–Name of PW 6 was not in the FIR and initial witnesses and he was examined after six months of the incident–Testimonies of witnesses reveal material contradictions on vital particulars–All the material prosecution witnesses are closely related to the complainant–Independent witnesses stated that they did not see the accused committing the alleged acts of assault or arson–Investigation suffers from substantial procedural and evidentiary lapses–Medical report shows that the complainant sustained only simple injury–Plea of alibi, taken by the accused was found supported by the defence witnesses–Prosecution has failed to prove its case beyond reasonable doubt–Appellants are entitled to be acquitted.


