8. However, the proceedings against the petitioners can be quashed on another ground. Annexure-A2 judgment shows that, during the trial of the case against the accused who were acquitted, the substratum of the prosecution case has been lost. PW1 to PW5 were examined during the trial of that case. PW1, the de facto complainant, had failed to identify the assailants. PW2, the wife of PW1, had deposed that she did not witness the incident. PW3, their son, had deposed that the assailants had covered their faces and therefore, he could not identify them. PW4, another eye witness, did not support the prosecution case. PW5, the investigating officer, was the only other witness examined by the prosecution during the trial against the other accused in the case. Therefore, the substratum of the prosecution case against the accused was lost in the trial. In such a case, the power of this court under Section 482 Cr.P.C can be invoked to quash the proceedings against the accused who have not faced the trial. No useful purpose would be served by continuing the proceedings against the petitioners.
