Section 395 India Evidence Act, 1872 Sections 27 and 114 Robbery Conviction and sentence Sustainability of Incident of robbery alleged to have been taken place with various victims P.W. 4 and Mohan sustained various injuries during incident However, allegation against appellant made that he robbed a two celled torch from P.W. 5 but not alleged that P.Ws sustained any injury Medical report of P.W. 5 not proved before trail court it is for prosecution to prove that appellant was also a culprit who participated in robbery P.W. 4 lodged named F.I.R. in which appellant mentioned as accused No. 4 Incident took place at about 12 in night and witnesses not informed about source of light P.W. 4 could not identify any of accused P.W. 2 stated that watch shown in court not of himself P.W. 5 stated that he was not in position to give detailed information as to who assaulted him and who held him Evidence of P.W. 5 indicates that separate robbery committed with him Therefore, it was for him to mention specifically that out of all culprits who robbed his torch having two cells But P.W. 5 not said specifically against appellant that he robbed his torch or he could not say that who snatched his torch Therefore, clear that this witness could not locate actual culprit Names of various culprits mentioned in F.I.R. on basis of suspicion otherwise specific overt act of appellant would have been shown by victim in his statement before court Hence, F.I.R. looses its identity value against appellant So far as recovery of alleged torch concerned, no specific identification mark shown by P.W. 5 to claim that recovered torch was of his own Thus, could not be proved beyond doubt that allegedly recovered torch from appellant robbed property held, trial court committed error in convicting appellant when not proved that any robbed property recovered from appellant nor he was properly identified by P.W. 5 then appellant could not be convicted for offence charged appellant acquitted. Section 376 (2) gang rape Conviction and sentence legality of appreciation of evidence Prosecutrix gone towards village pond to answer call of nature accused/appellants already lay in hiding nearby.