Penal Code, 1860–Secs. 376, 323 & 342–Conviction–Sustainability–FIR was lodged against unknown person–PW 1 did not see the accused–PW 2 admitted that the photograph of accused was shown to him before identification parade–Articles belonging to appellant were neither recovered nor they were sent for FSL examination–No evidence is available to connect the appellant with crime–Held, he is entitled to be acquitted.


