THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.2540 of 2004 BETWEEEN: The Public Prosecutor, High Court of A.P. … Appellant AND Kotakonda Sudhakar, S/o.K.Ramaiah. … Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2540 of 2004 JUDGMENT: The Public Prosecutor filed this appeal against acquittal of the accused/respondent of the offence under Section 394 I.P.C. PW1 is the victim as well as the de facto complainant. She gave Ex.P1 report to the Police who issued Ex.P5-FIR on its basis. In Ex.P1, PW1 stated that the offence was committed by an unknown person. In that view of the matter, PW1’s identification of the accused during trial in the lower Court, does not assume much importance. Mere suspicion of PW1 on the accused cannot substitute proof. The evidence of PW1 in this regard is total development during trial, basing on her suspicion. PWs 2 and 3 who are Village Officer and Village Servant who figured as mediators in arrest and seizure Panchanama and identification Panchanama, turned hostile to the prosecution. Except admitting their signatures- Exs.P2 to P4 in those Panchanamas, PWs 2 and 3 expressed their ignorance about contents thereof. PW4 is the Goldsmith, who weighed Mos.1 and 2 gold jewels as per Ex.P8- Mahazarnama. In the light of evidence of PWs 2 and 3, the lower Court did not attach any weight to the evidence of PW5, who is the Investigating Officer. Thus, on scrutiny of the material on record, I am of the opinion that the lower Court rightly recorded acquittal in this case. 2. Accordingly, the Criminal Appeal is dismissed. __________________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:12.09.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2540 of 2004 Dt:13.09.2011 ysk