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2024 Supreme(Pat) 1167
IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, RAJESH KUMAR VERMA, JJ.
Rabiya Begam @ Rabiya Khatoon, wife of Anish – Appellant
Versus
The State of Bihar – Respondent
Criminal Appeal (DB) No.461 of 2014 with Criminal Appeal (DB) No. 272 of 2014 with Criminal Appeal (DB) No. 276 of 2014 with Criminal Appeal (DB) No. 640 of 2023
Decided On : 11-12-2024
For the Appellant : Mr. Rama Kant Sharma, Sr. Adv., Mr. Gagan Deo Yadav, Adv.
For the State : Mr. Abhimanyu Sharma, APP, Mr. Dilip Kumar Sinha, Appellant.
The absence of credible evidence and procedural irregularities create reasonable doubt, leading to an acquittal of the accused in criminal proceedings.
Headnote:(A) Indian Penal Code - Sections 395 and 412 - Conviction and sentencing of offenders for dacoity - Convicts sentenced to R.I. for ten years and life imprisonment with fines for committing dacoity and receiving stolen property - Serious discrepancies in prosecution evidence lead to doubt of their involvement. (Paras 2-4, 10-12, 24-26)
(B) Acquittal of accused - Absence of arrest memo and failure to conduct Test Identification Parade raise serious doubts about prosecution case and identification of accused. (Paras 20-23)
(C) Legal principle - A strong case of reasonable doubt exists when essential evidence is lacking or inconclusive. (Para 24)
Facts of the case:
The appellants were convicted for robbing a bank, resulting in a loss of over five lakh rupees; however, substantial evidence pointing to the credibility of prosecution claims was found lacking.
Findings of Court:
The prosecution's case was riddled with discrepancies causing reasonable doubt regarding the appellants' involvement in the offense.
Issues: The main issues addressed were the credibility of witness testimonies, the legality of evidence collection, and the absence of necessary investigative procedures.
Ratio Decidendi: The court held that without credible evidence supporting the prosecution’s claims, particularly absent Test Identification Parades and proper arrest documentation, the accusations could not be substantiated.
Result: Judgment and order of conviction set aside; all appeals allowed.
| Table of Content |
|---|
| 1. conviction details and crime description. (Para 3 , 4 , 5 , 6 , 7) |
| 2. challenges against the evidence presented. (Para 9) |
| 3. investigative discrepancies and witness testimonies. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. validity of identification processes in investigation. (Para 17 , 18 , 19 , 20 , 21) |
| 5. doubts regarding connection of appellants to dacoity. (Para 22 , 23 , 24 , 25) |
| 6. justification for acquittal of defendants. (Para 26) |
| 7. final order of release and disposal of appeals. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
JUDGMENT :
(ASHUTOSH KUMAR, J.)
All the appeals have been taken up together and are being disposed off by this common judgment.
2. Heard Mr. Rama Kant Sharma, the learned Senior Advocate assisted by Mr. Gagan Deo Yadav, the learned Advocate, for all the appellants in the afore captioned appeals and Mr. Abhimanyu Sharma & Mr. Dilip Kumar Sinha, the learned Additional Public Prosecutors for the State.
3. The appellants, viz., Rabiya Begam @ Rabiya Khatoon [Cr. Appeal (DB) No. 461 of 2014]; Raj Kishore Thakur [Cr. Appeal (DB) No. 272 of 2014]; Jagdish Singh, Om Prakash Jat, Lakhpat Jat @ Lakh Pat, Dara Singh, Laxmi Devi, Rekha Devi and Shyamlal Jat @ Shyam Lal [Cr. Appeal (DB) No. 276 of 2014] and Rajendra Thakur [Cr. Appeal (DB) No. 640 of 2023] have been convicted for the offences under Sections 395 and 412 of the INDIAN PENAL CODE (in short the IPC) vide judgment dated 11.02.2014 passed by the learned 3rd Additional Sessions Judge, Madhubani in Sessions Trial No. 356 of 2011, arising out of Arer P.S. Case No. 153 of 2010 (G.R. No. 2898 of 2010). By order dated 13.02.2014, they have been sentenced to undergo R.I. for ten years, to pay a fine of Rs. 10,000/- each and in default of payment of fine, to further suffer R.I. for three months for the offence under Section 395 of the IPC and to undergo imprisonment for life, to pay a fine of Rs. 10,000/- each and in default of payment of fine, to further suffer R.I. for three three months for the offence under Section 412 of the IPC. The sentences have been ordered to run concurrently.
4. The records reveal that an amount of Rs. 5,22,432/- was looted away from the North Bihar Gramin Bank, Kapasiya Branch, falling under the territorial jurisdiction of Arer Police Station in the night intervening between 07th and 08th of December, 2010.
5. The FIR with respect to the occurrence was lodged by one Yogendra Prasad Sahu (the informant/P.W. 3), the officiating Branch Manager of the said Kapasiya Branch. At about 05:30 A.M. in the morning of 08.12.2010, he (P.W. 3) received information on his mobile telephone that there was a dacoity in the Bank. Learning about that occurrence, he came to the Bank and found out that in the previous night, the Chaukidar/Sone Lal Yadav was restrained on gun-point by the miscreants and the Bank was looted. Another Choukidar, viz., Shambhu Rai also had come looking for Sone Lal Yadav, but he too was immobilized by some of the miscreants, whereas the others had entered the Bank premises. The mobile telephone of the afore-noted Chaukidars was also snatched away. P.W. 3 had also found the strong room of the Bank premises to be breached. The cash reserve in the Bank, according to the Register, was Rs. 5,24,432/- and out of that amount, almost the entire amount, viz., Rs. 5,22,432/- was found to have been taken away. The balance amount of Rs. 2,000/- was left because perhaps it was kept in an envelop and which could not fall in the gaze of the miscreants. He inquired from the Chaukidars/Sone Lal Yadav and Shambhu Rai about the occurrence, who told him that the miscreants were within the age-group of 25 - 30 years and some of them had their faces concealed. Those who had not covered their faces could be identified, if shown to them. The occurrence was committed within a time span of one and half hours.
6. Based on the afore-noted fardbeyan of the informant/P.W. 3, Arer P.S. Case No. 153 of 2010, dated 08.12.2010, was registered for inv
