(1.) THIS is a criminal appeal against the judgment and order passed by the then Add1. Sessions Judge, Lalitpur dated 26-4-79 in Session Trial No. 91 of 1977 convicting the appellant under section 394 read with section 397 IPC and setencing him to seven years rigorous imprisonment. There does not appear any necessary of reproducing the facts of the case which have already been narrated in the judgment of the trial court itself.
(2.) HEARD the learned counsel for the parties at length and perused the entire evidence on record.
(3.) THE learned counsel for the appellant has also argued that the test parade was conducted over three months from the date of the incident and, therefore, the evidence of identification witness cannot be implicitly relied upon. For this purpose he has placed reliance upon Soni v. State of U. P., 1982 (3) SCC 368 (I) wherein it has been observed at under ;