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40Their presence would at the most be assumed to have accompanied their friends to get custody of minor Manveer. This Court has therefore suspended their sentence. He would further submit that the evidence of none of the prosecution witnesses is consistent with each other. In spite of availability of independent witnesses none has been examined. Even 2 innocent persons (on-lookers) were hurt due to pelting of brickbats by Ganesh. Statement of Sumit so called eye witness was recorded 20 days after the incident. His evidence therefore was rendered unreliable. Learned Advocate in this regard relied on the judgment of the Apex Court in case of Harbeer Singh (supra).

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