Burden of proof–In criminal cases burden of proving its case rests on the prosecution which is duty bound to prove its case, against the accused, beyond reasonable doubt-Then duty does not change or vary even in a case in which no defence plea is taken by the accused-Defence plea is always to be considered in juxtaposition with the prosecution case, with the final analysis, if defence plea is proved or accepted then the prosecution case would stand discredited-In the present case the defence has been able to put a doubt to the prosecution case and the prosecution has not been able to establish the exclusive possession of the seized goods not the recovery in view of material contradiction between the statements of police personnel-Prosecution has failed to establish their case against the appellant beyond any reasonable doubt-Appeal allowed.