Order

27/09/2019 Learned counsel Shri R.K. Charan appearing for the applicants-appellants submits that the Judgment of conviction of the appellants is based on no evidence whatsoever. The FIR was lodged against unknown persons. The identifying witness PW-1 Suman did not support the prosecution case nor did she identify the assailants in the sworn testimony. The witness pertaining to the identification of the ornaments has not been examined during the trial. He thus urges that the applicants-appellants, who were on bail during the trial, deserve the same indulgence during the pendency of the appeal.

Learned Public Prosecutor has vehemently and fervently opposed the submissions advanced by the learned counsel for the applicants-appellants. However, he too is not in a position to dispute the fact that the steer prosecution witness PW-1 Suman did not support the prosecution case and she was declared hostile. She did not identify any of the accused in her sworn testimony. The learned trial Court proceeded to rely upon the evidence of the Magistrate, who conducted the test identification proceedings and held that from such evidence, the identification of the accused –

appellants was establi