Criminal Appeal (SJ) No.100 OF 1995 (Appeal against the Judgment and Order dated 24.6.1995 passed by the 1st Additional Sessions Judge, Siwan, in Sessions Trial No. 455 of 1983) PRABHUNATH BIN, SON OF RAMBALI BIN, RESIDENT OF CHANAUR BINTOLI, P.S. SIWAN, MOFASSIL, DISTT. SIWAN. ----- APPELLANT. Versus THE STATE OF BIHAR -------RESPONDENT For the Appellant : Mr. Raghav Prasad, Advocate. For the State : Mr. K.Khare, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard. The Appellant has been convicted under Section 395 of the Indian Penal Code and sentenced to five years rigorous imprisonment by a Judgment dated 24.6.1995 in Sessions Trial No. 455 of 1983 passed by the 1st Additional Sessions Judge, Siwan. The prosecution case is that the Informant PW-4 was waylaid on 3.5.1983 by unknown dacoits and his personal possession was taken away by them. In course of dacoity, PW- 5 identified one Bashishta Singh among the miscreants. During trial the prosecution examined seven witnesses out of whom PW-4, PW-5 and PW-7 are material witnesses whereas PWs-1 and 2 are formal and PW-3 has proved Fardbeyan. The Appellant was picked up during investigation and was put on Test Identification Parade where 2 he was identified by PW-4 and PW-5. PW-5 who identified the other co-accused persons stated during trial that in fact, the accused persons had been shown to him during investigation and, therefore, the Test Identification Parade was held to be meaningless. Where the Appellant is concerned, admittedly, the Test Identification Parade took place on 22.4.1983 i.e. after 49 days of the occurrence and in case of a solitary witness, the fact that the Test Identification Parade had been held after much delay would be subject to doubt. In the result, the Appeal is allowed giving benefit of doubt to the Appellant. The order of conviction and sentence passed against the Appellants in Sessions Trial No. 455 of 1983 by the Additional Sessions Judge-1, Siwan, is hereby set aside. The Appellant is discharged from the liability of his bail bond. Patna High Court, Patna Dated, the 18th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)