Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Acquittal–Appreciation of–Case of circumstantial evidence–Admitted fact that all three witnesses had seen the accused at the police station well just before the identification parade was conducted–Test identification parade holds no evidentiary value–PW 8 did not have personal knowledge about the alleged illegal relationship–No other witness was examined in order to prove the motive–Both the witnesses of recovery in pursuance of the information furnished by the accused turned hostile and stated that no recovery was effected in their presence–Held, order of acquittal passed by the Trial Court deserves to be upheld.
