RATAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Ratan Singh, who has been convicted Under Section 396, IPC and awarded the sentence of imprisonment for life for committing dacoity in the house of Shyam Swarup on Gaushala Road, Mohalla Jalandari, P.S. Kotwali, Budaun. The conviction is based upon the evidence of identification. The Appellant was throughout identified by two witnesses, viz. Anand Swarup (PW 2) and Rudarkar (PW 6).

(2.) THE Appellant has pleaded not guilty and alleged that his photograph was taken and he was shown to witnesses at Police Station Budaun and also at Delhi.

(3.) RATAN Singh was arrested in Delhi on 19 -8 -68 at about 6 P.M. in the huts in Prem Nagar and was admitted in the GRP Delhi at 8 55 P.M. The arrest was made by Sri Q.H. Khan, Inspector Incharge, P.S. Kotwali, Budaun. He was produced before the ADM (J), Delhi, who on an objection raised by the accused passed an order that he shall be put up for identification in both the cases including the present one in Tihar Jail. This order was in the knowledge of Sri Q.H. Khan, Inspector. From his deposition it appears that even then an application was made to the ADM (J) Budaun for the transfer of the accused from Delhi jail to Budaun Jail. This application was allowed and the accused was transferred to Budaun jail in complete disregard of the order of the ADM (J), Delhi. The explanation furnished by the Inspector is that lady witnesses were also to appear in the test identification parade meaning thereby that it was inconvenient for ladies to go to Delhi for the purpose. He admitted that in the present case no lady was to appear in the test identification parade. Consequently, there was no 'justification for not complying with the order of the ADM (J), Delhi, in so far the present crime is concerned.