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"It has long been established that the press may publish photographs of young criminals, as long as their features are obscured, a principle that was re-affirmed last year at the Old Bailey in the Damilola Taylor trial.

"When The Evening Telegraph published the photograph, it was following a lawful practice, which is why it was surprising that the CPS argued that publishing the photograph was unlawful."

Bob Satchwell, executive director of the Society of Editors, said: "Media codes of practice draw attention to the need for care in reporting cases involving young children, and in some cases state that they should not be identified, even when the law allows it. No editor would knowingly sanction identification where it had been restricted."

The judge said that he acknowledged that the editor had decided to pixelate the picture of the boy.

He said: "By pixelating it, it seems to me he appreciated the risk of identification and he has then gone on to try to avert it.

"The evidence of the four witnesses is my starting point. The burden of proof is on the prosecution and I am not convinced that a prima facie case has been established. The case will be dismissed."

Adrian Mardell, spokesman for the CPS, said the prosecution went ahead because the CPS felt there was sufficient evidence.

The youth had been convicted of an assault on a 69-year-old man, who was attacked after his bicycle scraped the bumper of car in which the youth was a passenger. He jumped out and fractured the pensioner's jaw, the beating so severe he was left barely recognisable.