1981 INSC 0144
                                                          Soni

                                                           Vs

                                               State of Uttar Pradesh

                                        Criminal Appeal No. 252 of 1981

                                      (V.D. Tulzapurkar, Baharul Islam JJ)

                                                      06.03.1981

                                                     JUDGMENT

TULZAPURKAR, J. -

1. Special leave granted.

2. After hearing counsel on either side we are satisfied that the conviction of the appellant for the
offence of dacoity is difficult to sustain. The conviction rests purely upon his identification by five
witnesses, Smt. Koori, Pritam Singh, Kewal, Chaitoo and Sinru, but it cannot be forgotten that the
identification parade itself was held after a lapse of 42 days from the date of the arrest of the
appellant. This delay in holding the identification parade throws a doubt on the genuineness thereof
apart from the fact that it is difficult that after lapse of such a long time the witnesses would be
remembering the facial expressions of the appellant. If this evidence cannot be relied upon there is
no other evidence which can sustain the conviction of the appellant. We therefore allow the appeal
and acquit the appellant.

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