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HIGH COURT OF ALLAHABAD
R.P.Nigam
SABIR SHAH
Versus
STATE OF U P
Decided On : 25 April 1997
Criminal Appeal No. 737 of 1983
CRIMINAL APPEAL - SECTION 366, 376, 341 IPC - IDENTIFICATION EVIDENCE - SINGLE IDENTIFICATION EVIDENCE - RELIABILITY - IDENTIFICATION PARADE - TEST IDENTIFICATION PARADE - SECTION 161 CRPC - STATEMENT UNDER SECTION 161 CRPC - CONTRADICTION - COURT ANALYSIS - CONVICTION AND SENTENCE - SETTING ASIDE - ACQUITTAL - MAIN LEGAL POINT - SINGLE IDENTIFICATION EVIDENCE IS OF NO VALUE IF THE WITNESS HAD SEEN THE ACCUSED BEFORE THE IDENTIFICATION PARADE.
Fact of the Case:
The appellant was convicted under Sections 366, 376, and 341 IPC for abducting and raping a woman. The prosecution's case was based on the testimony of the victim, who identified the appellant in a test identification parade. The appellant denied the charges and claimed that he was shown to the victim before the identification parade.
Finding of the Court:
The court found that the victim's identification evidence was unreliable because she had seen the appellant before the identification parade. The court also noted that the victim had stated under Section 161 CrPC that she would not be able to identify the accused, but later contradicted this statement in court.
Issues: 1. Whether the single identification evidence of the victim was reliable. 2. Whether the appellant was shown to the victim before the identification parade. 3. Whether the appellant's conviction and sentence should be set aside.
Ratio Decidendi: The court held that the single identification evidence of the victim was of no value because she had seen the appellant before the identification parade. The court also found that the appellant's conviction and sentence should be set aside because the prosecution had failed to prove its case beyond reasonable doubt.
Final Decision: The court allowed the appeal, set aside the appellant's conviction and sentence, and acquitted him of the charges.
This criminal ap peal has been preferred against the judg ment and order dated 12-8-1983 passed by Second Additional Sessions Judge, Lak-himpur Kheri in ST. No. 116 of 1983. Slate v. Sabir Shah and another by which the appellants were convicted under Sec tions 366, 376 and 341. IPC and each appellant was sentenced to undergo rigor ous imprisonment for three years under Section 366, IPC, to undergo rigorous im prisonment for five years under Section 376, IPC and to undergo simple impris onment for one month under Section 341. IPC and it was ordered that the sentences of the appellants would run concurrently.
2. The appellant No. 1 Sabir Shah died during the pendency of this appeal and, therefore, this criminal appeal was abated against him on 3-4-1997,
3. The case of the prosecution as dis closed in the written report Ex. Ka-1 lodged by Sri Mohan Rain PW- 4 in Chan-dan Chowki of police station Palia, district Kheri on 23-10-1982 at 2. 00 p. m. is as follows;
4. Mohan Ram PW-4 is the resident of village Surma. On the last Sunday which was on 18-10-1982 Mohan Ram, his brother Khushi Ram and Smt. Ram Beti, wife of Khushi Ram had gone to forest for cutting Munj at about 4. 00 p. m. and they were at a distance of 1 Km. from the vil lage Surma towards west in the forest and at the said time three persons came and had tied the hands of Mohan Ram by Munj on his back and had also tied Mohan Ram by a rope with a tree and they had also tied Khushi Ram with the same tree and the said persons had taken Smt. Ram Beti with them. Mohan Ram and his brother Khushi Ram got themselves freed when some darkness had arrived and came in the village and they and the persons of the village searched Smt. Ram Beti in the for est and in the villages which were nearby but could not trace Smt. Ram Beti.
5. On the basis of written report Ex. Ka. 1, chick FIR Ex. Ka-2 was prepared and the case against three unknown per sons was registered at report No. 11 of the G. D. on 23-10-1982 at 2. 00 p. m. under Sections 346, 363 and 366, IPC and the copy of report No. 11 is Ex. Ka-3.
6. After registration of the case, usual investigation followed. Sri Ranbir Singh PW-7 started investigation of the case from 25-10-1982. When Ranbir Singh PW-7 was investigating the case crime No. 244 and then he received information through an informer at 4-4. 30 p. m. and on this information the appellant Sabir Shah and Harpal Singh were arrested on Chan-dan Chowki Dadhuwa Road ahead of Zauheraha Nala in case crime No. 244 along with goods of the said case. After the ar rest of Sabir Shah and Harpal Singh on their interrogation their names came in the light in the crime of this case. Appellants were put for identification on 2-12-1982 and the witnesses Smt. Ram Beti, Mohan Ram and Khushi Ram PW-5 correctly identified appellant No. 1 Sabir Shah in the test identification parade and commit ted no mistake. The witness Smt. Ram Beti PW-6 had correctly identified the appellant No. 2 Harpal Singh in the test identification parade and committed no mistake. After getting the result of the test identifications and completion of the in vestigation, PW-7 Ranbir Singh submitted a charge-sheet Ex. Ka-12 against the ap pellants under sections 346, 363 and 376, IPC on 17-12-1982.
7. Appellants were charged under Sections 341, 366 and 376, IPC by the court below.
8. The appellants denied the prosecu tion case and pleaded not guilty. The ap pellants had stated that they were kept in the police station upto two days and they were shown to the witnesses. The appel lants did not lead any evidence in their defence.
9. The prosecution in order to prove its case against the appellants had exam ined Sri Ram Dev Arya as PW-1, Dr. P. L. Singh as PW-2, Jai Ram as PW-3, Mohan Ram as PW-4, Khushi Ram as PW-5 Smt, Ram Beti as PW-6 and Ranbir Singh as PW-7.
10. After considering the evidence ad duced by the prosecution and die cases of the appellants, the court below came to a conclusion that the prosec
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