Criminal Appeal (SJ) No. 261 OF 1995 ******** Against the judgment and order of conviction dated 12.9.1995 passed in Sessions Trial No. 280 of 1993 by the learned Ist Additional District & Sessions Judge, Katihar. ****** SAHAJAN S/O ASIRUDDIN R/O VILLAGE- CHAPI, P.S.- DANDKHORA, DISTRICT- KATIHAR. ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Dr. Indiwar Kumari, Amicus Curiae For the State : APP P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. Since the counsel who had been appointed to assist this court as amicus curiae has left the town, Dr. Indiwar Kumari has been appointed to appear amicus curiae to assist this court. 2. The appellant has been convicted under Section 395 I.P.c. and sentenced to rigorous imprisonment for 10 years by the judgment dated 12.9.1995 passed in Sessions Trial No. 280 of 1993 by the learned Ist Additional District & Sessions Judge, Katihar. 3. The case of the prosecution is that on 27.4.1994 a dacoity was committed in the house of the informant in which some miscreants were identified. Subsequently the appellant was put on Test Identification Parade and was identified by the informant and one Chandra Kant Kumar. 4. The prosecution in all examined 12 witnesses out of whom P.W.1, 2, 3 and 9 have been declared hostile, P.W. 8, 10 and 11 have been tendered, P.W.12 is the wife of the informant and she is merely on the factum of occurrence. The two witnesses who identified the appellant in the Test Identification Parade are P.W. 4, 5 and 13 is the Judicial Magistrate who conducted the Test Identification Parade. From the evidence of P.W. 4 it appears that he had seen the appellant having been arrested by the police and, therefore, in the facts of the case the Test Identification Parade becomes completely unreliable. Once the Test Identification Parade becomes unreliable it is difficult to accept the evidence of P.W.5 who is the next sole identifying witness. 5. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellants by the judgment dated 12.9.1995 by the learned Ist Additional District & Sessions Judge, Katihar passed in Sessions Trial No. 280 of 1993 are hereby set aside and they are acquitted of their respective charges. The appellants are discharged from the liabilities of their respective bail bonds. The Amicus Curiae shall be paid her fees from the Legal Aid Committee, Patna High Court. A copy of the judgment may also given to her. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 22nd April, 2011 NAFR/ Fahad.