Short Note : 1. The applicant on being charge-sheeted for the offence under section 379 IPC pleaded not guilty. The trial Court, however, found the appellant guilty for the offence under section 379 IPC for which he was convicted and sentenced to undergo RI for one year. In appeal the conviction was upheld but the sentence was reduced to a period of six months RI. Hence this revision. Held: I have heard the learned counsel for the applicant as well as the panel advocate and perused the record. It may be noted that there is no direct evidence against the appellant to prove that he committed the theft of fishing nets and the fishes which were caught in the net. The only evidence against the applicant is that he was seen returning from the side of the tank in the night time with a bundle on his bicycle. The said evidence may raise a suspicion against the applicant, but in a criminal case, suspicion however grave it may be, cannot take the place of proof. 2. The conviction of the applicant is based solely on the recovery of the nets and fishes from the possession of the applicant, But a net is a common article which may be possessed by any person who is interested in fishing. The test identification of the nets is meaningless because they were seized from the house of the applicant in the presence of the complainant Bihari (PW 3). The case of the applicant in defence is that he had purchased the nets from the market and in support of that case he has produced one receipt dated 8-3-74 Ex. D-1. The lower appellate Court has not relied upon the said receipt and disbelieved the case of the applicant that he had purchased the nets from the market. However, the prosecution having failed to prove beyond any shadow of doubt that the nets seized from the possession of the applicant were the same which were possessed by the, complainant Bihari and that they were stolen from the tank, the weakness of the defence story would not in any way improve the prosecution case. I am, therefore, of the view that the prosecution has failed to bring home the guilt of the applicant for the offence under section 379 IPC and hence his conviction for the said offence cannot be upheld. Revision allowed.