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Judgment
4 paragraphs · 173 wordsMitter, J.—I am of opinion that this conviction cannot be supported. The only evidence against the prisoner is that of the approver Ganga Dosad, and as there is nothing on the record to corroborate that evidence, the prisoner ought to have the benefit of the Full Bench ruling in the case of Elahi Buksk1. It is true that a sindmaree was found by the Police in the court-yard of the prisoner''s house, but this circumstance cannot be regarded as corroborative of the approver''s evidence. It does not "connector identify the prisoner with the particular offence" of which he bad been accused, and it cannot therefore be accepted as legal corroboration under the ruling above referred to. For the above reasons, I would set aside the judgment and sentence passed by the Court below, and direct the immediate release of the prisoner.
Glover, J.
I also think that the evidence against the prisoner is insufficient. He is acquitted and released.
1 Criminal Appeal, No. 75 of 1866; May 29th, 1866, (B.L.R. Sup. 459)