RAHUL DURGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Case of the prosecution, in brief, is that on 8/3/2021, when complainant was returning back to his village Sivni from Raipur, on the way, applicant along with others accused persons have assaulted the complainant by means of iron pipe and forcefully took signature on blank paper. The incident was reported to concerned Police Station, based upon which, aforementioned crime was registered against total five accused persons including the present applicant.

(3.) Learned counsel for applicant would submit that applicant has been falsely implicated in crime. He submits that as per allegation levelled in FIR and statement of complainant, the incident is of night. Complainant and his brother got examined before trial Court. Complainant in his Court statement has deposed that he is not known to applicant. Due to dark night, he could not identify the accused person. Photograph of applicant has been shown to complainant by the police prior to test identification parade and he has identified based on the said photograph shown by the police. He submits that in view of evidence of complainant and manner in which applicant was identified by complainant, test identification parade loses its evidentiary value. He further contended that except test identification parade, only memorandum statement of applicant is against him which is not having the evidentiary value, more so when memorandum statement of one co-accused Ravi Verma whom the complainant was known is not recorded by the investigating agency. Applicant is in jail since 23/6/2021. There are as many as 20 enlisted witnesses and till 10/1/2022, only 2 prosecution witnesses have been examined before trial Court. Trial may take some time, hence, applicant may be enlarged on regular bail.