( 1 ) XXX xxx xxx

( 2 ) XXX xxx xxx

( 3 ) XXX xxx xxx

( 4 ) XXX xxx xxx

( 5 ) XXX xxx xxx

( 6 ) XXX xxx xxx

( 7 ) THE learned Additional Sessions Judge has not believed the eye-witness examined by the prosecution. As found and held by the learned Additional Sessions Judge the incident took place at about 9. 30 p. m. In the street in Vania Vadi area where the incident is alleged to have taken place there are no electric poles of Municipality. Therefore there was no possibility to identify the assailant. The name of the assailant has not been disclosed in the initial stage when entries were made in the station diary at 9. 55 p. m. that there was time to concert story and involve the accused falsely. The learned Additional Sessions Judge has relied upon the photographs of scene of offence in street No. 4 Varnia Vardi area Exhs. 15 16 18 19 and 20 for coming to the conclusion that there was no electric light in this street. The witness who deposed about sufficient light being there at the place of incident were not telling the truth because the photographs did not show any such electric pole at the place of incident. This is the main reason why the evidence of the eye witness