Penal Code, 1860–Sec. 379–Evidence Act, 1872–Secs. 114 & 27–Conviction–Sustainability–Theft of car–Case of the prosecution is based on the testimony of two police officials–Recovery of the car was made from the open place and no independent witness was associated in the recovery–Even the proper seizure memo was also not prepared–Precise distance between the place of recovery and the national highway was not mentioned–Likelihood of false implication cannot be ruled out–Conviction set aside.
