Penal Code, 1860–Secs. 494 & 497–Conviction–Sustainability–Prosecution miserably failed to prove the factum of disclosure made by the accused to the Investigation Officer leading to the recovery of the silver articles allegedly looted by the accused from the complainant–No evidence to show that the recovered articles were sealed at the time of recovery or they were kept secured in the malkhana till they were subjected to identification before the Executive Magistrate–Further, the Executive Magistrate was not examined in evidence–Complainant made a categorical admission that she could recognize the silver articles in the test proceedings upon being pointed out by the police officials–Recovery has no sanctity in the eyes of law–Conviction of appellant deserves to be quashed and set aside.
