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So far as the recovery of currency notes is concerned, we are satisfied that they were recovered from the appellants and they had been properly identified in court in the light of the fact that the currency note bundles contained slips bearing the seal of the firm and the signatures of PW.16.

The next question is whether the prosecution has proved beyond reasonable doubt that the appellants are the real culprits. The value to be attached to a test identification parade depends on the facts and circumstances of each case and no hard and fast rule can be laid down. The Court has to examine the facts of the case to find out whether there was sufficient opportunity for the witnesses to identify the accused. The Court has also to rule out the possibility of their having been shown to the witnesses before holding a test identification parade. Where there is an inordinate delay in holding a test identification parade, the Court must adopt a cautious approach so as to prevent mis-carriage of justice. In cases of inordinate delay it may be that the witnesses may forget the features of the accused put up for identification in the test identification parade. This, however, is not an absolute rule because it depends upon the facts of each case and the opportunity which the witnesses had to notice the features of the accused and the circumstances in which they had seen the accused committing the offence. Where the witness had only a fleeting glimpse of the accused at the time of occurrence, delay in holding a test identification parade has to be viewed seriously. Where, however, the Court is satisfied that the witnesses had ample opportunity of seeing the accused at the time of the commission of the offence and there is no chance of mistaken identity, delay in holding the test identification parade may not be held to be fatal. It all depends upon the facts and circumstances of each case.

Even though a plea was urged before the courts below that the appellants had been shown to the witnesses, there is no evidence on record which may deserve notice on this aspect of the matter. It was submitted that the holding of the test identification parade was delayed. The appellants were arrested on 28th December, 1980 and they were put up for identification in a test identification parade on 4th February, 1981. We do not think that this delay can be said to be inordinate in the facts and circumstances of this case. In any event having regard to the opportunity which the witnesses had to identify the appellants, the possibility of mis-taken identity must be ruled out. We have very carefully perused the evidence of PW.1 and PW.3 and we find that their evidence is trust worthy and implicit reliance can be placed on their testimony. We find no difficulty in acting on the identification by these witnesses.

In Bali Ahir and others vs. State of Bihar : AIR 1983 SC 289 this Court found that all the identifying witnesses except PW.2 had seen the accused from behind only when they were running away from the scene of occurrence. So far as the remaining witness, namely Harihar Prasad Singh, PW.2 was concerned he was known to the appellant and, therefore, his identification in Court had no value whatsoever. It will thus be seen that this Court came to the conclusion that except PW.2, who was already known to the appellant, the other witnesses did not have sufficient opportunity of identifying the culprits who were running away after commission of dacoity. In Subhash and another vs. State of U.P. : AIR 1987 SC 1222 the test identification parade was held three weeks after the arrest of the appellant. There was, therefore, a room for doubt as to whether the delay in holding the test identification parade was in order to enable the identifying witnesses to see him in the police lock-up or in the jail premises and make a note of his features. The Court also noticed that 4 months had elapsed between the date of occurrence and the date of holding of the test identification parade. The descriptive particulars of the appellant were not given when the report was lodged. But while deposing before the Sessions Judge, the witnesses had stated that the appellant was a tall person and had sallow complexion. If on account of these features the witnesses were able to identify appellant Shiv Shankar at the identification parade, they would have certainly mentioned about them at the earliest point of time when his face was fresh in their memory. As the conviction of the appellant was based solely on the identification at the test identification parade, this Court give to him the benefit of doubt, while upholding the conviction of the co-accused. This is also a case where the conviction of the appellant was based solely on the evidence of identification. There being a delay in holding the test identification parade and in the absence of corroborative evidence, this Court found it unsafe to uphold his conviction.

In the instant case, however, as earlier noticed apart from identification by the eye witnesses, there is evidence regarding the recovery of the looted articles from the possession of the appellants.

In State of Andhra Pradesh vs. Dr. M.V. Ramana Reddy and others : AIR 1991 SC 1938 this Court was dealing with an appeal against acquittal. The appeal in so far as it related to the first respondent was allowed, but in so far as the second respondent was concerned, the Court upheld the finding of acquittal recorded by the High Court. This Court found that there was delay in holding the test identification parade for which there was no valid explanation. The defence had suggested to the concerned witnesses that the accused, who were in custody, were shown to the witnesses and the police had secured a group photograph in which accused Nos. 3 and 5 figured to facilitate their identification. The High Court was, however, reluctant to place absolute reliance on the evidence of PW.1 regarding the identity of accused Nos. 3 and 5. This Court held that in the absence of a valid explanation for the delay, this approach of the High Court could be said to be manifestly wrong calling for intervention. It will thus be seen that even in this case the conviction was based on the identification by PW.1 and the High Court suspected that the holding of the test identification parade was delayed with a view to show the respondents to the witnesses. The High Court was reluctant to place implicit reliance on PW1. In these circumstances this Court held that this Court's interference was not called for against an order of acquittal.