Penal Code, 1860–Secs. 304A & 279–Evidence Act, 1872–Sec. 165–Conviction–Sustainability–The testimony of PW 2 does not support the case of prosecution because of the manner in which she claimed to have identified the petitioner–Further, she has not been given an opportunity to identify the accused before booking him into the case–Conclusion of Courts below is faulty and can not be sustained–Petitioner is acquitted from the charge.
