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by Admin
07 May 2024 2:49 AM
In a significant judgment delivered by the High Court of Andhra Pradesh, Justice A.V. Ravindra Babu dismissed the Criminal Revision Case No. 850 of 2009, upholding the conviction of the petitioners under Section 411 of the Indian Penal Code (IPC) for bicycle theft. The court found no merit in the petitioners' challenge against the judgment in Criminal Appeal No.133 of 2005, confirming their conviction and sentence.
The legal point in focus was the petitioners' challenge to their conviction under Section 411 IPC for dishonestly receiving stolen property, specifically bicycles. The contention revolved around the conduct and validity of the Test Identification Parade and whether the procedures followed were in line with the law.
The case stemmed from multiple incidents of bicycle thefts in Proddatur. Following their arrest, the petitioners (A.1 and A.2) were found in possession of the stolen bicycles, which were identified by the original owners in a Test Identification Parade. The issue raised was whether the Test Identification Parade was conducted lawfully and whether the evidence presented was credible and sufficient for conviction.
The court meticulously assessed the testimony of witnesses (PW1 to PW6), who confirmed the theft of their bicycles. PW7, who conducted the Test Identification Parade, and PW10, the investigating officer, provided substantial evidence supporting the prosecution's case. Despite one mediator turning hostile (PW8), another mediator (PW9) corroborated the prosecution's case.
The court noted, "It is very difficult to accept such a contention [regarding the conduct of Test Identification Parade]," emphasizing the credibility of the parade and the lack of valid reasons to disbelieve the procedure followed. The court affirmed that both the trial court and the appellate court correctly appreciated the evidence on record.
The High Court dismissed the Criminal Revision Case No. 850 of 2009, confirming the judgment dated 13.05.2009 in Criminal Appeal No.133 of 2005. The petitioners' conviction under Section 411 IPC for dishonestly receiving stolen property (bicycles) was upheld.
Date of Decision: 1st March 2024.
Diyā Chandrayudu & Another v. State of A.P.
