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2018 Supreme(Cal) 544
IN THE HIGH COURT OF CALCUTTA
Joymalya Bagchi, Ravi Krishan Kapur, JJ.
Sk. Mahid Ahmed and Ors. – Appellants
Vs.
State of West Bengal – Respondents
C.R.A. 376 of 2015, 72, 82 of 2013 and 98 of 2013
Decided On : 17-05-2018
For the Appellant : Rajdeep Majumder
For the Respondent: Saswata Gopal Mukherjee, Ld. P.P., Arun Kr. Maiti, Ld. A.P.P. and Sujata Das
The reliability of witness identification and the recovery of stolen articles as evidence of guilt.
Headnote:
Indian Penal Code - Robbery - Sections 394/397/411 - Summary
Fact of the Case:
The case involved a robbery at a jewelry shop where the appellants were convicted for offenses under sections 394/397/411 of the Indian Penal Code. Stolen articles were recovered from the appellants' possession soon after the incident.
Finding of the Court:
The court found the appellants guilty based on the identification by witnesses and the recovery of stolen articles. The court also addressed the issue of returning seized articles to the complainant.
Issues: Identification of the appellants and recovery of stolen articles.
Ratio Decidendi: The court relied on the identification of the appellants by witnesses and the recovery of stolen articles from their possession to establish guilt.
Final Decision: The court upheld the convictions and modified the sentences, also directing the return of seized articles to the complainant.
Joymalya Bagchi, J.
1. All the appeals are taken up together and disposed of by this common judgment and order
2. C.R.A No. 72 of 2013 has been filed by Rejaul Karim Molla @ Pappu, C.R.A No. 82 of 2013 has been filed by Sahidul Haque Tarafdar @ Rintu and C.R.A No. 98 of 2013 has been filed by Bikash Mondal, Khokan Mondal, Basudev Mondal and Sk. Ansar Ali against the judgment and order dated 09/10.01.2013 passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Barasat, North 24 Parganas in Sessions Trial No. 2(5) of 2008/Sessions Case No. 20(4) of 2008 convicting the appellants Basudeb Mondal, Khokan Mondal, Bikash Mondal and Sk. Ansar Ali for commission of offences punishable under sections 394/397/411 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 9 years and to pay fine of Rs. 10,000/- each, in default, to suffer rigorous imprisonment for 2 years more each for the offence punishable under section 394 of the Indian Penal Code and to suffer rigorous imprisonment for 7 years each for the offence punishable under section 397 of the Indian Penal Code and to suffer simple imprisonment for 3 years each for the offence punishable under section 411 of the Indian Penal Code, convicting Rejaul Karim Molla @ Pappu, Sahidul Haque Tarafdar @ Rintu and Jayanta Mondal for commission of offence punishable under section 411 of the Indian Penal Code and sentencing them to suffer simple imprisonment for 3 years each for the offence punishable under section 411 of the Indian Penal Code, all the sentences to run concurrently with further direction, if no appeal is preferred, the seized gold and silver ornaments shall be returned to the de facto complainant, Mohid Ahmed.
3. It is pertinent to note that the said de facto complainant subsequently made an application for return of the seized gold and silver ornaments under section 452 of the Code of Criminal Procedure before the trial court which was turned down by order dated 24.02.2015. Such order is the subject matter of appeal under section 454 Cr.P.C. being Criminal Appeal No. 376 of 2015 at the behest of the de facto complainant, Mohid Ahmed.
4. The prosecution case, as alleged, against the appellants is to the effect that P.W. 1 Sk. Mohid Ahmed is the owner of a jewellery shop, named and styled as "The R.A. Jewellery House" situated at Rajarhat Chowmatha under P.S. Rajarhat. On 18.01.2008 at about 9.15 p.m. while he was about to close his shop, three miscreants armed with weapons entered his shop. At the relevant time two employees, namely, Khokan and Babu Sona alias Koushik Roy, P.W. 4 were present in the shop. Sister-in-law of P.W. 1, namely, Shilpi, P.W. 6 was also present in the shop. The miscreants looted about 10/15 bhoris gold ornaments and one mobile phone of P.W. 1 and kept the stolen articles in a nylon bag. One of the miscreants snatched away gold necklace and gold ear-top from Shilpi. They were talking among themselves in Bengali and were aged about 28/30 years. The miscreants took Rs. 30,000/- to Rs. 35,000/- in cash. P.W. 1 caught hold of one of the miscreants whereupon the other miscreants exploded bombs and all of them managed to flee away in two motor cycles. They fired one round from their pipeguns and threw bombs at Chowmatha. The stolen ornaments bore the hallmark "RA-22C - SS - RA - 22 - CP/KP".
5. On the written complaint of P.W. 1, Rajarhat P.S. Case No. 19 of 2008 dated 19.01.2008 was registered for investigation under section 392 of the Indian Penal Code and sections 25/27 of the Arms Act and section 9(b) of the Indian Explosive Act.
6. In the course of investigation, appellants were arrested and Basudeb Mondal, Khokan Mondal, Bikash Mondal and Sk. Ansar Ali were identified by P.W. 1 in the course of test identification parade. Various jewelleries containing similar hallmarks, mobile phone and other stolen articles including firearms was recovered from the possession of the appellants and co-accused persons.
7. In c
