IMPORTANT POINT
Much importance cannot be attached to the identification made at the identification parade where the possibility of the accused having been shown to the witnesses is not ruled out altogether.

JUDGMENT

A. M. Ahmadi, J. - This appeal by P.W. 1 Suryamoorthi and his mother P.W. 2 Pappammal is directed against the judgment of the High Court of Madras which confirmed the order of acquittal passed by the learned Additional Assistant Sessions Judge, Thanjavur. P.Ws. 1 and 2 reside in village Sivakollai, a hamlet of Nambivayal. On February 18, 1972, P.Ws. 1 and 2 left for Madras with Rs. 73,600/- in cash wrapped in a towel tied around the waist of P.W.2. They went to consult P.W. 22 Sundaram mal as they desired to purchase a property in Madras. They reached Madras on the morning of February 19,1972. They informed P.W.22 that they were desirous of purchasing a house in Madras but P. W 22 advised them to invest the amount in agricultural land in their village. Accepting her advice P.Ws. 1 and 2 left Madras on the night of February 19, 1972 by a State Transport Express bus which reached Thanjavur at about 4.15 a.m. on the next day i.e. February 20, 1972. Since they had to change the bus at Thanjavur, P.Ws. 1 and 2 alighted from the State Transport bus and proceeded towards the Municipal Bus stand to take the, bus to Pattukottai. When they were about to board the other bus, original accused Nos. 1 to 3, all police constables in uniform, came there and asked them to get down and accompany them to the police station alleging that they were carrying unaccounted money. P.Ws. 1 and 2 therefore got down from the bus. The accused Nos. 4 to 7 were also noticed near about the State Transport bus stand; The accused No.7 who also hailed from village Sivakollai was found covering his head with a towel. P.Ws. 1 and 2 were taken to the East Me in Street with accused Nos. 4 to 6 following them. After having walked a short distance, accused No.2 asked P.W. 2 to take out the money which she had secured in the towel tied around her waist. P W. 2 took out seven bundles of notes of the denomination of Rs. 100/- and have them to accused No.4 who passed them on to accused No.2. The accused No.2 put the note; in a bag hung on the handle bar of his cycle. On P.W. 2's remonstrating, accused Nos. 2, 5 and 6 stated that they could share the money and thereupon accused No.4 retained four bundles in the hand bag and returned three bundles to P.W. 2. P.Ws. 1 and 2 th6reafter returned to the bus stand and on reading their village P.W. 1 informed his uncle Thangaraj about the occurrence. The latter sent one Irudayaraj, a teacher, to assist P.W. 1. P.W. 1 and Irudayaraj came to Thanjavur and contacted accused Nos. 1 and 2 with a view to persuading them to return the cash. As they flailed to get back the money, P.W. 1 lodged a complaint next morning. P. W. 23, Inspector 0 f Police, Thanjavur West, registered an offence and undertook investigation. Accused Nos. 1 to 6 Next arrested on February 21, 1972. In the course of investigation accused No.1 made a confessional statement on the basis of which Rs. 14,900/- were found from a wooden box hidden by him. The accused No.4 also made a sif1i1ar statement on the basis of which Rs. 4,970/- came to be found from his house. Accused Nos. 5 and 6 also made statements which led to the discovery of clothes and Bhoe; alleged to have been purchased from the monies received by them. The accused No.7 was arrested on the next day i.e. February 22, 1972 at about 3 a.m. On the basis of the statement made by him a sum of Rs. 19,300/- was found from a suitcase kept by him in Tutorial College at Pattukottai. Thus a total sum of Rs. 39,170/- came to be recovered in cash from accused Nos. 1, 4 and 7, besides the clothes and shoes purchased by accused Nos. 5 6. The Investigating Officer also attached a sum of Rs. 33,600/- from the residence of P.Ws. 1 and 2. A test identification parade was held at which P.W. 1 identified all the seven accused whereas P.W. 2 identified accused Nos. 2, 6 and 7. A second identification parade was held on March 1, 1972 at which P.W. 6 identified accused No.7 alone. After completing the investigation P.W. 2