MOKTAR SAHANI Vs. STATE

JUDGEMENT

(1.) This appeal arises out of a joint trial of four accused persons, including the present appellant, in Sessions Trial No.1 of September 1980 held by the Second Bench, City Sessions Court, Calcutta. All the accused persons were charged under S.394 IPC while one of the accused persons Ramasis Sahani was further charged under S.397 IPC. The present appellant along with another accused Dilip Sarkar was convicted each under S.392 IPC and sentenced to five years R.I. The other accused were acquitted of all charges.

(2.) The prosecution case in brief was that on the 6th Aprl 1976 at about 8 p.m. there was a robbery in the shop of M/s. Mahadeo Prosad Munnalal at 54-B, Strand Road, Calcutta and a sum of Rs. 15,820/-was taken away by the accused. The appellant Moktar Sahani along with others was arrested on the road shortly after the occurrence after a chase by the police shouting "Dacoits, dacoits". The prosecution examined 21 witnesses. The defence did not examine any witness. The defence case was that the appellant was coming after having taken a bath in the Ganges and has been mistakenly caught hold of as one of the decoits.

(3.) The only two witnesses who were in the shop room at the relevant time are P.Ws. 5 and 17, the bill collector-cum-darwan, and cashier of the firm respectively. They have both described how the robbery took place but none of them has identified the appellant in Court. P.W. 5 identified the appellant in the T.I. parade but not in Court. P.W. 17 did not identify the appellant either in the T.I. parade or in Court. The position, therefore, is that there is, in fact no substantive evidence of the presence of the appellant in the shop room at any point of time.