Indian Kanoon - Search engine for Indian Law

12. Keeping in view the fact that during his testimony before the Court the complainant PW­5 did not identify accused Sagar as culprit and had categorically deposed that out of the above said four accused persons no one was present in the court and further considering the fact that other witnesses are formal in nature, this Court is of the considered opinion that there is nothing incriminating against the SC No. 452/2019 State Vs. Sagar page 4 of total pages 5 present accused on the record. Since the identity of accused Sagar is not proved on the record, there is no question of establishing the ingredients of Section 174A IPC against the accused due to which the testimony of IO ASI Veer Pal Singh was also dispensed with vide order dated 31.03.2022. Accordingly, in view of the above discussion, accused Sagar is acquitted for the charges U/s 394/34 IPC and Section 174A IPC. File be consigned to Record Room after compliance of Section 437A Cr.P.C.