SONU KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Himachal Pradesh High Court dismissing the appeal filed by the appellant questioning the conviction for offence punishable under Sections 452, 323 read with Section 34 and Section 376(2)(g) of the Indian Penal Code, 1860 (in short the ˜IPC).

(2.) A .By a common judgment five appeals preferred by the accused persons were disposed of. The accused persons were found guilty of offence punishable under the aforesaid offences by learned Sessions Judge, Kangra at Dharamshala.

(3.) LEARNED Counsel for the appellant submitted that there was no material to link, the accused with the alleged crime. The trial Court held that there was no test identification parade in the eye of law and this view was affirmed by the High Court. Merely because the accused persons purportedly addressing each other by names that cannot be a ground to hold the appellant guilty without any material to show that he was the person whose name was being uttered by the co -accused person.