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ALOK KUMAR PANDEY
Govind Paswan – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J.—None appears on behalf of the appellant. The present matter is pending consideration for near about 21 years.
2. It has been requested and Mrs. Sushmita Mishra (D/1634/2019), learned counsel, has shown her willingness to assist as Amicus Curiae in the present matter.
3. Accordingly, learned counsel Mrs. Sushmita Mishra (D/1634/2019) has been appointed as Amicus Curiae in the present matter.
4. Heard learned Amicus Curiae appearing for the appellant and learned A.P.P. for the State.
5. The present appeal has been directed against the judgment of conviction dated 30.07.2004 and order of sentence dated 02.08.2004 passed by learned Additional District and Sessions Judge, Fast Track Court No. 5, Kishanganj in Sessions Trial No. 433 of 2000, arising out of Kochadhaman P.S. Case No. 46 of 1997 whereby and whereunder the appellant has been convicted for the offence punishable under Section 395 of the IPC and has been sentenced to undergo rigorous imprisonment for seven years under the said section.
6. According to fardbeyan of informant, the prosecution story, in brief, is that on previous night i.e. 04.04.1997 at about 1:00 AM, the informant's younger son Md. Shahid Alam
Conviction for dacoity was overturned due to significant evidentiary inconsistencies, including lack of reliable identification and failure to examine critical witnesses.
The judgment emphasizes the importance of legal proof beyond all shadow of doubt in a criminal trial and highlights that suspicion or claim of identification alone is not sufficient for conviction.
The unexplained delay in the test identification parade rendered the prosecution's evidence unreliable, leading to the acquittal of the accused for insufficient proof beyond a reasonable doubt.
For a conviction under IPC Section 395, participation of five or more persons is essential, and identification procedures must meet legal standards; failure leads to acquittal.
The prosecution must establish the identity of the accused beyond reasonable doubt; weak witness identification leads to acquittal.
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