Penal Code, 1860–Secs. 302 & 201 [Corresponding Secs. 103 & 238 of BNS, 2023]–Evidence Act, 1872–Sec. 27–Conviction–Sustainability–Testimony of witnesses of recovery pursuant to disclosure made by the appellant raises serious doubt regarding the version of prosecution–PW 22 admitted that none of the seizure memos were prepared or signed at the spot–He also admitted that the same were prepared and signed at the police station–It is not established that the recoveries were at the instance of the appellant–Glaring inconsistencies in the TIP of gold chains–Manner of recovery and preparation of seizure memos raises grave doubt about the disclosure of any recovery put forth by the prosecution–No corroboration of last seen–Appellant is entitled to be acquitted.


