RADHEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Conviction of the Appellant under Section 396 recorded by the Sessions Judge has been upheld in appeal by the High Court. The conviction is based solely upon the identification made by the Public witness s. 2 and 3 corroborated by the earlier test identification parade, that was held on 27.8.1979. The learned Sessions Judge as well as the High Court have fully relied upon the identification made by the two witnesses, and did not find any infirmity with the earlier test identification parade conducted by the Magistrate where two eye witnesses have identified the accused Appellant. On going through the impugned judgment, we see no infirmity in relying upon the aforesaid two witnesses, who have categorically identified the accused as one of the Dakotas in the test identification parade, that was held on 27.8.1979, as well as in the Court during trial. The appeal fails and is dismissed.