Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Cal) 200

IN THE HIGH COURT OF CALCUTTA
Bibek Chaudhuri, J.
Md Jamal @ Jamaluddin Khan & Anr. - Appellants
Versus
State Of West Bengal & Anr. - Respondents
Criminal Appeal No. 556 of 2017; Cran No. 3 of 2018, 4 of 2019, 5 of 2020, 6 of 2020, 7 of 2020, 8 of 2020, 9 of 2020; Old No Cran No. 2106 of 2018, 1145 of 2019, 3530 of 2020, 3532 of 2020, 4568 of 2020, 4569 of 2020
Decided On : 25-01-2021

Advocates Appeared:
Fazlur Rahaman, Advocate, Sourav Paul, Advocate, Kallol Mondal, Advocate, Krishan Ray, Advocate, Amrita Chel, Advocate, Souvik Das, Advocate, Ranabir Roychowdhury, Advocate, Iqbal Kabir, Advocate

The evidentiary value of test identification parade and the requirement for adequate and special reasons for reducing sentences.

Headnote:
Indian Penal Code - Robbery - Section 392/397 - Summary of Acts and Sections: The court discussed the provisions of Section 392 and 397 of the Indian Penal Code, emphasizing the evidentiary value of test identification parade and the requirement for adequate and special reasons for reducing sentences.
Fact of the Case:

The case involved a robbery at a bank where the victim was attacked and robbed of a sum of money. The accused were convicted under Section 392/397 of the Indian Penal Code.
Finding of the Court:

The court found that the delay in holding the test identification parade did not vitiate the evidence, and the identification of the accused during trial was substantive evidence. The court also affirmed the conviction and order of sentence, dismissing the appeal.
Issues: The issues included the delay in holding the test identification parade and the sufficiency of evidence for the conviction under Section 397 of the Indian Penal Code.
Ratio Decidendi: The court held that the delay in holding the test identification parade did not invalidate the evidence, and the identification of the accused during trial was substantive evidence. The court also emphasized the requirement for adequate and special reasons for reducing sentences.
Final Decision: The appeal was dismissed, and the conviction and order of sentence were affirmed.

JUDGMENT

Bibek Chaudhuri, J. - The instant appeal is filed by the accused/convicts/appellants in S.T No.1(8)2000/SC 56(2) 1999 against the judgment and order of conviction and sentence under Section 392/397 of the Indian Penal Code.

2. Both the appellants were convicted under Section 235(1) of the Code of Criminal Procedure for the offence punishable under Section 392 of the Indian Penal Code and sentenced to suffer rigorious imprisonment for 7 years each and to pay a fine of Rs.50,000/- each in default to suffer further rigorious imprisonment for six months.

3. The aforesaid convicts were further sentenced to suffer rigorious imprisonment for a term of 7 years for committing offence under Section 397 of the Indian Penal Code. The sentences were directed to be run concurrently.

4. Entally Police Station case no.40 dated 27th February, 1997 under Section 392/397 of the Indian Penal Code and Sections 25(1B) (a) of the Arms Act was registered against two unknown accused persons on the basis of a statement made by one Biswajit Dey and recorded by one Kunja Bihari Das, SI of Police attached to Entally Police Station at the relevant point of time. It was stated by the said Biswajit Dey that on 27th February, 1997 at about 11 am he was going to State Bank of India, Moulali Branch to deposit a sum of Rs.65,000/- keeping the said sum of money with duly filled in pay-in-slip in one chocolate colored rexene bag. He reached the ground floor of the Bank at about 11:30 am. Suddenly he was attacked by a person from behind with sharp cutting weapon. He received injury on his back, face, ear and head and fell down on the stairs of the Bank. Immediately thereafter, one person who was well built and wearing a blue coloured pant and a T-shirt forcibly took away his bag containing money and pay in slip and started to flee away. The defacto complainant raised an alarm shouting "Dacoit, Dacoit" and chased them. One of the miscreants took shelter inside a garment shop with Revolver and the bag of the informant containing money and pay in slip in his hand. Local people also chased them. Immediately after the said miscreant took shelter inside the garment shop, local people closed the rolling shutter gate of the said shop. The informant was subsequently taken to Nil Ratan Sarkar Hospital.

5. After registering the case as aforesaid, Police started investigation and finally submitted charge sheet against both the accused/appellants under Sections 392/397 of the Indian Penal Code. The accused person duly faced trial.

6. It is pertinent to mention here that the appellant No.1 Sk. Jamaluddin faced trial while on bail. However, appellant no.2 Dilwara Hossain faced trial while he was in judicial custody. It is ascertained from the Lower Court Record that prosecution examined in all 13 witnesses. Amongst them PW-3, Biswajit Dey is the defacto complainant of the case. PW-4 Naresh Shaw is a shop owner at Entally market. PW-5 Ratan Shaw and PW-6 Satyanjay Mukherjee were witnesses to the seizure of a bag containing money amounting to Rs.65,000/- and pay in slips and one improvised fire arm, but both the said witnesses did not support the prosecution case except their signature on the seizure list. They were eventually turned hostile against the prosecution. PW-7, Deb Ranjan Bhunia, an owner of a hotel situated opposite to the State Bank of India, Moulali Branch, was also declared hostile by prosecution. PW-8, Dr. Dulal Karmakar was a Medical Officer attached to Nil Ratan Sarkar Medical College & Hospital. In his evidence he stated that on 27th February, 1997 one Biswajit De was admitted to Nil Ratan Sarkar Medical College & Hospital. PW-10 Dr. Ashim Kumar Das was one of the Directors of Maple Nursing Home Pvt. Ltd. Biswajit De was admitted to the said Nursing Home on 28th February, 1997 with sharp cutting injuries on his left ear, right of the face, right forearm, back and head. He was discharged from the said Nursing Home on 9th March, 1997. The Discharge Certific