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17. In conclusion, it may be stated that there are too many disturbing features in the case of the prosecution so as to accept the same as proved beyond reasonable doubt against the accused. It appears that the learned Special Judge has only tried to gloss over the serious inconsistencies in the case of the prosecution in order to save the case of the prosecution which in fact was unsavable as it was not free from doubt. Consequently, the accused deserves to be given benefit of doubt.

18. As a result, the appeal succeeds. The conviction and sentence imposed upon the accused by the learned Special Judge is hereby set aside. The M.O. shall be disposed of as ordered by the learned Special Judge. Accusedshall be set to liberty forthwith, in case otherwise not required. N. A. BRITTO, J. /vpf.