ORDER : A.M. Ahmadi, J. 1. The appellant Avtar Singh was charged under Section 25 of the Arms Act and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 on being found to be in possession of a country-made 12 bore pistol along with one live cartridge and an empty cartridge on the morning of June 20, 1990 in Village Lakhan Ke Padde falling within the notified area. Since he was not holding a licence for the said weapon he was charge-sheeted under both the aforesaid provisions. The designated court relying on the evidence of PWs 1-4 has convicted him on both the counts and has directed him to suffer rigorous imprisonment for five years and to pay a fine of Rs 100 in default to suffer rigorous imprisonment for one month. It is against this order of conviction and sentence that the present appeal is preferred. It may here be mentioned that according to the appellant he was actually arrested on June 17, 1990 in his village and was later falsely implicated in the case in question. He examined two defence witnesses DW 1 and DW 2 in support of this contention. 2. We have perused the evidence of the prosecution witnesses as well as the 'ruqa' and the version of the appellant supported by the evidence of DW 1 and DW 2. Quite apart from the evidence of the defence witnesses, on a perusal of the prosecution evidence we are not satisfied with the version put forth by the prosecution. There is no material on record supporting the story of the alleged encounter. Even the evidence in regard to the find of the weapon and the cartridges is not quite satisfactory. We feel if there had been an encounter as alleged by the prosecution there would be some evidence at the site supporting the prosecution case. In the absence of such corroborative evidence we find it difficult to place implicit reliance on the testimony of the prosecution witnesses in regard to the find of the weapon and the cartridges. We are, therefore, of the opinion that the prosecution has failed to prove its case and we set aside the conviction and sentence and acquit the appellant of both the charges levelled against him and direct that he be set at liberty at once. 3. The appeal will stand disposed of accordingly.