2007 (1) Crimes 257
SHORT NOTE
HIGH COURT OF JHARKHAND
D.P. Singh, J.
Rajmohan Bhagat and Anr. — Appellant
verssu
State of Jharkhand — Respondent
Criminal Appeal No. 20 of 2001
Decided on 11.5.2006

IMPORTANT POINT
Where the prosecution could not prove the involvement of the accused beyond reasonable doubt in the alleged occurrence, they are found not guilty, therefore, acquitted for the charges under Section 395 Indian Penal Code.

Headnote:Indian Penal Code, 1860 — Section 395 — Dacoity — FIR lodged after three days not disclosing names of two appellants in the FIR — Appellants were from another village who were arrested later on and put on TIP — No overt act has been asserted against these two appellants by the informant and his father — Informant during his cross-examination admitted that due to darkness he could not identify any of the miscreants — Trial of appellants took about 17 years to conclude — No positive evidence that appellants also participated in the alleged dacoity — Conviction of appellants for offence under Section 395 Indian Penal Code cannot be maintained.

       Held: The trial of the accused appellants took time for about 17 years to conclude. In such view of the fact, where there is no positive evidence that appellants also participated in the alleged dacoity. I find and hold that their conviction by the lower Court cannot be maintained. (Para 10)

       Having regard to the above mentioned facts and circumstances. I find and hold that the prosecution could not prove the involvement of the appellants beyond reasonable doubts in the alleged occurrence. Accordingly, they are found not guilty and acquitted from the charges under Section 395 Indian Penal Code. (Para 11)

       Result: Appeal allowed.