( 1 ) WE are conscious of the fact that the learned trial Judge had an additional advantage of seeing the witnesses when they gave evidence before him and therefore due weight should be attached to the view taken by the learned trial Judge so far as the oral evidence of these witnesses is concerned. But simply because the learned trial Judge had that advantage and simply because he has found these witnesses to be reliable that should not deter us from disbelieving them in the circumstances of this case. The evidence of a witness has to be judged mainly and broadly on the strength of the nature of the evidence he has given in the case and not on so much as to how he has been able to impress the Court while in the witness box. On considering the evidence of these witnesses as a whole we are inclined to take the view that it will be unsafe to place reliance upon these witnesses and hold that these accused or any particular accused out of these accused was responsible for this incident.

( 2 ) BEFORE parting with this case we are constrained to observe here that the learned trial Judge while recording the evidence of two minor witnesses made a note at the top of the depo