breathing profile image 80

How far it is legal to punish someone based on a previous FIR?

Someone is suspected for a crime. The prosecution totally fail to prove any evidence. The defendant is going to be released, then the victim's lawyer show a "First Information Report" that was withdraw by the claimers' at the middle of the investigation against this suspected person. And then the judge sentence him to the jail. What should have the right thing about this judgement?