Failure to record evidence

Role alleged against accused by women witnesses was restricted to his mere presence at the spot without actively participating in the incident

Even the role alleged in F.I.R. against accused was not supported by any other material available on record

During investigation statements under S.161, Cr.P.C., of women witnesses was not recorded to establish, prima facie, allegations levelled against accused in F.I.R.

Effect

Two F.I.Rs. of same incident with variation was registered at same police station by different complainants which after due investigation were found to be having sufficient material against accused to refer them for trial

Such investigations had made the case against accused to be of further inquiry into his guilt in terms of S. 497(2), Cr.P.C.

Accused was arrested during investigation but no recovery of any incriminating article was effected from him to support prosecution story as narrated in F.I.R. that at the time of alleged incident the accused was armed with weapon

Bail was allowed in circumstances.