The Allahabad High Court has overturned the conviction of two men found guilty of robbery way back in 1985. Justice Abdul Shahid set aside the trial court's order and acquitted appellants Chhotey and Ram Balak, ruling that the prosecution's evidence, built mainly around a delayed identification parade, did not hold up to scrutiny.
Background of the Case
The case dates back to the night of August 11-12, 1978, when armed miscreants allegedly barged into a house in Kanpur Dehat district and looted jewellery, cash, and household items after threatening the women present. The FIR was lodged by Rajendra Singh, the house owner's brother, naming four unidentified persons.
Chhotey and Ram Balak were not named in the FIR. They were arrested later based on an informer's tip-off. Police claimed to have recovered a blanket from Chhotey and a mosquito net from Ram Balak, said to be part of the looted goods. In 1985, the Special Judge (DAA), Kanpur Dehat convicted both under Section 392 IPC, sentencing them to five years' rigorous imprisonment along with a fine of Rs 1,000 each.
Arguments in Court
Counsel for the appellants argued that no weapon or incriminating material was ever recovered from the two men, and that the recovered items were commonly available in the market. They also pointed out that the identification parade was held months after the arrest, without any explanation for the delay, and that the torch allegedly used to identify the accused at night was never produced before the court.
Leaning on several Supreme Court and High Court precedents, the defence argued that identification evidence loses its value once it is delayed without justification.
The State, on the other hand, maintained that witnesses had consistently supported the prosecution version and had properly identified both the accused and the stolen articles.
Court's Observations
The bench noted that the witnesses failed to give any distinctive description of the assailants soon after the incident, and one key witness's statement itself was recorded after a long gap. The court observed that these lapses, combined with the unexplained delay in holding the identification parade, made it unsafe to rest a conviction on identification evidence alone.
The Decision
Holding that guilt had not been established beyond reasonable doubt, the High Court set aside the 1985 conviction and acquitted both appellants of all charges, discharging their bail bonds and sureties.
Case Details:
Case Title: Chhotey And Another v. State
Case Number: Criminal Appeal No. 2015 of 1985
Judge: Hon'ble Abdul Shahid, J.
Decision Date: August 14, 2026
