IMAN ALI AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS is a revision application arising out of a case in which three persons Iman Ali, Samed Ali and Shamser Ali were convicted by the learned Additional Assistant Sessions Judge L.A.D. under Section 366, Penal Code, and each sentenced to four years rigorous imprisonment at a trial held with the aid of a Jury. On appeal to the learned Sessions Judge, their convictions and sentences were confirmed. They have now come before us in revision.

(2.) THE facts of the case are not in dispute. On the night in question viz. 29.5.49, the wife of one Padma Bahadur Chetri, P.W. 1 was forcibly taken away from the room in which she and her husband were sleeping by some intruders. In due course a First Information Report was lodged and on completion of the investigation the police sent up the three applicants for trial. The only point argued before us was the identity of the applicants with the crime.

(3.) MR . Sen for the petitioners contended that there was non direction in the summing up in the sense that though the first informant, the abducted woman, knew the names of Iman Ali and Shamser Ali before the occurrence, she did not mention their names in the F.I.R. It is, however, clear from her evidence that she came to know the names of Iman and Shamser only at the time of the identification parade and not before. There is, therefore, nothing in the F.I.R. to suggest that the abducted woman had said anything different in her evidence to what she had said in the F.I.R.