the prosecution has failed to prove that the complainant and the deceased were carrying Rs.5 lakhs cash in the dicky of the scooter and it was the very looted amount which was recovered from the accused, the accused cannot be convicted on the basis of recovery of some cash. It is required to be considered whether in the FIR and/or in the first version the eyewitness either disclosed the identity and/or description of the accused on the basis of which he can recollect at the time of deposition and identify the accused for the first time in the Court Room – It would not be safe and/or prudent to convict the accused solely on the basis of their identification for the first time in the Court. The accused are acquitted from the charges for which they were tried.
[Amrik Singh v. State of Punjab, (2022) 9 SCC 402]