State vs (1) Vikas Pandit @ Vikas Kaushik on 22 October, 2013
In another
case titled State of UP vs. Shri Krishan AIR 2005 SC 762, the
Hon'ble Supreme Court has upheld the acquittal of accused persons
while observing that eye witnesses of the incident have turned hostile
and it was not a case to interfere with an order of acquittal. The ratio
of above authorities is squarely applicable to the facts of the present
case inasmuch as the testimony of all the alleged eye witnesses i.e.
SC No.27/2012 State Vs. Vikas Pandit etc. Page 19 of 21
including the complainant is neither reliable nor trustworthy.
36 Thus, the prosecution has failed to establish the
identity of accused Meghraj beyond reasonable doubt being the
perpetrator of crime of the present case.