MAHENDRA NUT @ REYASAT ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Additional Public Prosecutor for the State.

(2.) THE solitary appellant has preferred this appeal who has been convicted for the offences under section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years by 1st Additional Sessions Judge, Madhubani, in Sessions Trial No. 307 of 1999, arising out of G.R. No. 58 of 1999.

(3.) LEARNED counsel for the appellant submits that prior to participate in Test Identification Parade, this solitary witness claiming to identify had an occasion to see the appellant which he admits in paragraph 16 and 17 of his deposition, that apart he has not said about any activity of the appellant leading towards his identification and Test Identification Parade chart is also not on the record indicating any such thing, nor the Magistrate who conducted Test Identification Parade has been examined. P.W.6 Ashish Kumar Jha is the witness stating some of the stolen cassettes bears his name.