JUDGMENT

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Allahabad High Court directing acquittal of the respondent. Learned IV Additional District and Sessions Judge, Saharanpur, found the respondent as well as one Multan guilty for offence punishable under Section 397 of the Indian Penal Code, 1860 (in short the `IPC') and sentenced each of them to 7 years' rigorous imprisonment.

2. Two appeals were filed i.e. one by Multan and the other by the present respondent. The High Court by the impugned judgment directed their acquittal. According to the High Court the identification was not established and that arrest of the respondents was doubtful and they cannot be treated to have been arrested in the manner stated by the prosecution.

3. Background facts in a nutshell are as follows: Written report (Ex. Ka. 5) of the incident in question was delivered by Mahendra Singh at Police Station Bhagwanpur on July 4, 1979 at 1.30 P.M. First Information report (Ex. Ka. 6) was then drawn up and relevant entries were made in the general diary, of which Ex. Ka.7 is a copy. The prosecution case, briefly stated, is that Mahendra Singh was employed as a Munshi with Sar