Penal Code, 1860–Secs. 302 & 328–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(2)(v)–Conviction–Sustain-ability–Verson of eye-witnesses–Reliability–PW 1 & PW 4 were actually not the eye-witnesses of the incident–They improved their story and tried to pose as eye-witnesses of the incident–Claim of PW 5 that she was accompanied the victim when she went to the field for attending to the call of nature but this fact was not incorporated in the FIR–It is also not clear as to why she did not tell about the incident to her father PW 4–It can be safely concluded that she did not see the three accused carrying away the girl–Trial Court has disbelieved the fact of seeing the accused running away from the place of incident qua the acquitted accused–Missing links in the evidence of FSL Report–Held, conviction of the appellant cannot be sustained.
