Criminal Appeal (SJ) No.163 OF 1997 [Appeal against the judgment and order dated 8.5.1997 passed by the 7the Additional Sessions Judge, Chapra in Sessions Trial No.8 of 1992] Bigu Mian, son of Israil Mian, resident of village Barkagaon, Police Station Bhagwanpur, District Siwan …………………….. Appellant Versus The State of Bihar ………….. Respondent For the Appellant : Mr. Maheshwar Prasad, Advocate For the Respondent : Mr. Choubey Jawahar, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/ss.379 and 328 I.P.C. and sentenced to R.I. for two years and six years respectively by a judgment dated 8.5.1997 passed by the 7the Additional Sessions Judge, Chapra in Sessions Trial No.8 of 1992. 2. The case of the prosecution according to the informant Afraz Khan is that on 18.12.1990 when he was going to Mashrak from Chapra on the train some co-passengers sat next to him and offered him a biscuit, which when he took he became unconscious. When he recovered consciousness, he found himself in Gopalganj Sadar Hospital, he was relieved of his cash, clothes, tape recorder and other materials by the said suspected accused persons. The appellant was not named in the First Information Report and three months later the appellant was arrested on suspicion and put on Test Identification Parade and identified by P.W.1. 2 3. During trial, the prosecution has examined only one witness, who is the informant himself and stated in Court that he had identified the appellant in the Test Identification Parade. However, the prosecution has not brought the Test Identification Parade chart on record nor has the Magistrate, who conducted the Test Identification Parade, been examined by the prosecution. 4. In view of such paucity of evidence with regard to identification of the appellant by P.W.1, the informant, I am not inclined to sustain his conviction. 5. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant on 8.5.1997 by the 7the Additional Sessions Judge, Chapra in Sessions Trial No.8 of 1992 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 1st July, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )