STATE Vs. PRAVAKAR BEHERA

JUDGEMENT

(1.) This is an appeal against an order of acquittal.

(2.) Prosecution was launched against 11 accused persons. Accused Nos 1 to 7 were charged u / S. 395 I.P.C. Accused Nos. 8 to 10 were charged for an offence u/S.412 I.P.C., and accused No. 11 was charged u/S. 216-A I.P.C. This appeal is directed against acquittal of accused Nos. 1 to 4 and 6. No appeal has been filed against acquittal of accused Nos. 5, 6 and 8 to 11. Main ground of attack to the acquittal of the five respondents is their identification. Therefore, it is to be considered whether the respondents in this appeal were identified by P.Ws. 1 and 4 as claimed by the prosecution since identification has been disbelieved by the trial court on the ground of delay.

(3.) Mr. Jitamitra Mohanti, learned Additional Standing Counsel relied upon the decision reported in (1990) 2 CLR 324 (Satrughna v. State of Orissa in support of his submission that there is no delay in conducting the test identification parade and accordingly trial court unreasonably disbelieved identification of the respondents.