AFAZAL KHAN ANAWARKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Addl. Sessions Judge, Greater Bombay, on the strength of tesimony of Hitendra Gada (P.W.4) and Dinkar Molawade (P.W.6) recorded a finding of conviction for the offence punishable under Sections 394 and 397 read with 34 of the Indian Penal Code for having robbed on 2.6.1992 witness Hitendra and on 17.6.1992 witness Dinkar of cash in a locality known as Pydhonie in the city of Bombay.

(2.) MR. More, learned counsel appearing for accused no.1 and MR. Khokhawala, learned counsel appearing for accused no.3 and 4, strenuously contended before us that even accepting the account of the witnesses, the incident involved continued hardly for few minutes and, as such, it was not feasible for them to identify the accused persons after a gap of more than 15 days. Even otherwise, according to the learned counsel, the witnesses who were also the victims of the incident were frightened. They were horrified because of the attack on them and, as such, they were not capable to remember the accused persons. In view of this, the identification parade needs to be discarded. We have heard the learned counsel at length. With the assistance of the learned counsel, we have perused the testimony of both the witnesses. They have given a minute account of the incident. Both the witnesses have categocally stated that the persons carried the weapon and Hitendra (P.W.4) sustained injury on thumb finger. The incident no doubt continued for few minutes, but it was unusual for experience for them. It has a special significance and such incidents normally give an imprint on the mind of a person. Therefore, the persons involved in such incident could be remembered for time to come. We, therefore, do not see any deficiency or defect in the capacity of witnesses to identify the accused persons.

(3.) AT any rate, the incident as occurred could not be disputed. The question is whether the accused are involved in the incident. The witnesses have no previous animosity or enmity. They were not, in any way, adversely disposed against the accused persons. As such, they will not falsely implicate them to settle the score. In view of this, we cannot accept the submission.