The Explosive Substances Act, 1908, Section 5, the definition of evidence, was found in a pipe bomb from an open place inside the accused's father's house and the evidence does not show that the place mentioned is in the special use or custody of the accused in the material of the prosecution. Contradictions existed and this made the prosecutor's story suspect. The prosecution's evidence was not enough to convict the accused, especially since the co-accused had already been acquitted by the trial court on the same evidence. Was acquitted under the circumstances.
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