MD. SAJJAD @ RAJU @ SALIM v. STATE OF WEST BENGAL

similarly situated co-accused even though he had not challenged the order by way of appeal. Allowing the appeal, the Court HELD: 1. In the present case, apart from the identification by PWs 3, 5 and 16 and their version that they bad seen the deceased in the company of four persons on the night intervening 11.7.1993 and 12.7.1993, there .is nothing which could point in the direction of the. guilt of the appellant and non-appealing accused. The confessional statement having been discarded, there is no other material to lend any corroboration. The matter thus stands and rests purely on the identification by PWs 3, 5 and 16 apart from the suspicion expressed by PW 8. Apart from the fact that there was delay in holding the Test Identification Parade, one s,triking feature is that none of the concerned prosecution witnesses bad given any identification marks or disclosed special features or attributes of any of those four persons in general and the accused in particular. Further, no incident or crime bad actually taken place in the presence of those prosecution witnesses no'r any special circumstances had occurred which' would invite their' attention so as to register the features or special attributes of. the concerned accused. Their chance meeting, iis alleged, was. in the night and was only for.some fleeting moments. [Paras 13, 15] [273-B-C; 274-E-F]