P&H: Acquits man in robbery attempt case, finds prosecution story improbable and sanction under Arms Act defective

(i) Indian Penal Code, 1860, Ss. 398 and 401, Arms Act, 1959, S. 25 — Appeal against conviction — Attempt to commit robbery and possession of firearm — Evidence adduced by prosecution with regard to alleged involvement of appellant in commission of offence was too deficient,...

(ii) Criminal Procedure Code, 1973, Ss. 173, 313 — Appreciation of evidence — Credibility of -- Prosecution case found improbable — Failure of the Investigating Agency to trace out and prosecute the third person, the absence of independent witnesses at a public place, and the inconsistent...

(iii) Arms Act, 1959, Section 25 — Sanction for prosecution — Defective sanction — The weapon was not produced before the District Magistrate at the time of seeking sanction — The sanctioning authority was therefore not in a position to assess whether valid grounds existed for...