Failure of prosecution to prove charge beyond reasonable doubt due to inordinate delay in FIR and weak identification evidence.

1. This appeal is directed against the judgment and order, dated 12-12-2005, passed by the learned Sessions Judge, North Tripura, Kailashahar, in Sessions Trial Case No. 66(NT / K)2005, under S.364 and S.392 of the Indian Penal Code (hereinafter called "IPC") read with S.34, IPC, whereby and whereunder, the learned Sessions Judge convicted the appellant under S.364 and S.392, IPC read with S.34, IPC and sentenced him to suffer rigorous imprisonment for ten years and pay fine of Rs. 1,000/-, in default suffer rigorous imprisonment for another period of six months, for his conviction under S.364, I. P. C. The learned Sessions Judge also sentenced the appellant to suffer rigorous imprisonment for five years and pay fine of Rs. 500/-, in default suffer rigorous imprisonment for another period of three months, for his conviction under S.392, IPC. It has been directed that, both the sentences shall run concurrently.
Aggrieved by the said judgment and order of conviction and sentence, the convict, as appellant, has come up with this appeal under S.374 of the Code of Criminal Procedure (hereinafter called "Cr. P. C.").

2. Heard Mr. Nepal Majumder, learned counsel, appearing for the appellant and Mr. R. C. Debnath, learned Special Public Prosecutor, appearing for the State - respondent.

3. The prosecution case, in brief, may be stated as follows : -
On the night of 6-12-2003, at about 8.30 p.m., some miscreants along with the appellant, being armed with pistol, dagger etc., went to the house of Sri Rabi Rai Reang (PW 2) i.e. the informant of this case and enquired about his availability. Sri Rabi Rai Reang (hereinafter called 'the informant'), who was, at the relevant time in the house of Sri Labanga Reang (PW 6), coming to know about the arrival of said miscreants, rushed to his residence, and on his arrival in his house, the miscreants aforesaid, forcefully took him towards the nearby jungle and threatened to kill him. According to the informant, the miscreants had threatened that unless an amount of Rs. 2,00,000/- was paid to them, they would kill him. On being so threatened, the informant asked the miscreants to take whatever was available in his house. Accordingly, the miscreants took the informant to his house and after breaking open the lock of the wooden chest, took away an amount of Rs. 1,05,000/-. As revealed during the trial, the informant could recognize / identify the appellant and another one, namely Sri Lataham Reang. The informant, on the following day, came to know that, the miscreants, after leaving his house, on the same night had entered the house of Sri Abhairam Reang (PW 4) and took away Rs. 13,300/- from his house.

4. The informant, on 19-12-2003, lodged a FIR with the Officer In - charge, Longtharai Valley Police Station. On receipt of the FIR, police registered L.T.V. P.S. Case No. 16/2003, under S.394/34, IPC and launched investigation into the matter. As all other accused persons except the present appellant, absconded, police, at the close of the investigation, submitted charge sheet against the accused persons under S.364 and S.392, IPC read with S.34, IPC, showing the other accused persons as absconders. Hence, the present appellant faced the trial.

5. The offence being exclusively triable by the Court of Sessions, the learned Judicial Magistrate, 1st Class, Kailashahar, North Tripura, committed the case to the Court of the learned Sessions Judge, Kailashahar, North Tripura. Accordingly, the learned Sessions Judge, considering the materials on record, framed charges against the appellant, under S.364 and S.392, IPC read with S.34, IPC. The c