The court reaffirmed the sufficiency of consistent eyewitness testimonies and proper identification in T.I. Parades to uphold a conviction for robbery under Section 395 of the IPC.

JUDGMENT :

S.S. Mishra, J.

The present Criminal Appeal, filed by the appellants under Section 374 of the Cr. P.C., is directed against the judgment and order dated 21.02.1997 passed by the learned Assistant Sessions Judge, Bhanjanagar, District- Ganjam in S.C. No.18 of 1995/S.C. No.196/1995- GDC, whereby the learned trial Court has convicted each of the accused-appellants for the offence punishable under Section 395 of the IPC and sentenced each of them to undergo R.I. for eight years and to pay fine of Rs.5,000/- (Rupees five thousand) each, in default, to undergo further R.I. for two years each under Section 395 of the IPC.

2. None appeared for the appellants on the last date of listing. So this Court appointed Mr. P.K. Maharaj, Advocate, who was present in the Court, as Amicus Curiae to assist this Court in the matter.

3. Heard Mr. P.K. Maharaj, learned Amicus Curiae appearing for the appellants and Mr. R.B. Dash, the learned Additional Standing Counsel appearing for the State.

4. The prosecution case in brief and terse is that Brahmananda Mohanty was working as Range Officer in Soil Conservation Office, Sorada under Bhanjanagar Division in the district of Ganjam. On 08.11.1994 at 6 A.M., he left Sorada for Bhanjanagar along with Rabindra Pradhan, Junior Assistant of his office in a Rajdoot Motor Cycle being Registration No.O.A.S. 1165 for office work in the Divisional Office. In the Divisional Office, Bijaya Narayan Singh, the Assistant Soil Conservation Officer entrusted him a sum of Rs.1,02,400/- for payment to the labourers. The Range Officer kept the amount in the side box of the Rajdoot motor cycle and locked the same. After the office work, on the same day at about 6 P.M., he left Bhanjanagar for Sorada with his Junior Assistant- Rabindra Pradhan in the same Rajdoot motor cycle. When, the motor cycle being driven by Rabindra Pradhan, was proceeding towards Sorada, on the way near Kantaipolli Chhaka at about 6.30 P.M., about 10 to 11 unknown culprits within age group of 20-25 years, being armed with knives obstructed their way. When they stopped their motor cycle, all of a sudden, the culprits dealt fist blows and slaps to Rabindra Pradhan and fist blows, slaps and knife blows to the Range Officer- Brahmananda Mohanty causing bleeding injuries on their persons. The culprits broke open the side box of the motor cycle and took away the cash of Rs.1,02,400/-. After the culprits left the spot, the Range Officer and his Junior Assistant with great difficulties went to Sorada in the motor cycle. Since the condition of the Range Officer was very serious, he was left in the Government Hospital, Sorada and the Junior Assistant- Rabindra Pradhan went to Sorada Police Station and reported the fact in writing. Basing on the said report, the O.I.C., Sorada Police Station registered P.S. Case No.51 of 1994 and transferred the same to Gangapur Police Station on the point of jurisdiction. The Officer-in-charge of Gangapur Police Station on receipt of the report, registered P.S. Case No.101 of 1994 and took up the investigation. After the charge sheet was filed, charges were framed and the accused were put to trial.

5. The prosecution in order to bring home charges examined total 14 witnesses. Out of whom, P.W.1- Brahmananda Mohanty was the then Soil Conservation Range Officer, Sorada, P.W.2- Rabindra Pradhan was the then Junior Assistant in Soil Conservation Range Office, Sorada, P.W.3- Smt. M. Smita Rao is the wife of accused- M. Rama Mohan Rao, P.W.4- Debaraja Sahu and P.W.-8- T. Saroj Patra were the seizure witnesses, P.W.5- Panu Sahu was the person from whose house, the culprits gave recovery