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Bijender @ Mandar vs. State of Haryana (SC)

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Penal Code, 1860–Secs. 392 & 397–Conviction–Sustainability–Only evidence of recovery of incriminating articles–Independent witness of recovery was the companion of complainant–Complainant and he refuted from the recovery of certain articles–Complainant negated his signatures on the recovery memo–Recovered articles are common objects–Recovery was effected after a month–It can not be expected that the appellant kept the red cloth and passbook in his custody during this period–No reliable evidence–Appellant is entitled to be acquitted.