Law:

Section:

(a) Criminal trial -Witness-Court constrained to place reliance upon evidence of witness on a point-Placing reliance on such witness in respect of evidence on other points, held, not safe unless corro borated by independent evidence. When the Court feels constrained to place reliance upon the evidence of a witness on a point, it is not safe to rely upon his evidence on any other point unless his evidence on that point is corroborated by independent evidence or circumstance. (b) Identification-Test identification parade Identification, unless it relates to recognition of suspect in commission of offence not of much value for drawing inference of guilt-Evidence Act (I of 1872), S. 9. The mere fact that a witness identifies a suspect in a T.I. Parade, unless such identification relates to recognition of the suspect at the time of commission of an offence, is of no value at all and no inference of guilt can be founded upon such identifi cation. (c) Identification Test identification parade-Delay-Delay in holding T.I. Parade -Reduces value of identification-Evidence Act (I of 1872), S. 9. The value and weight to be attached to the identification of a suspect depend on the degree of proximity the date of identification in a T. I. Parade to the date of occurrence. The longer the delay the greater is the chance of error creeping in. JUDGMENT ABDULLAH JABIR, J.-This appeal is directed against the judgment and order of Mr. 1. H. Chowdhury, Assistant Sessions Judge of Noakhali convicting the accused appellant Mosharraf Hossain under section 395 of the Pakistan Penal Code and sentencing him to suffer rigorous imprisonment for five years. The prosecution case is that on the night following 29th Kartik 1370 B. S. corresponding to 17-I1-1963 there was a dacoity in the house of the complainant P. W. 2. Karunamay Nath and his father P. W. 13 Jadab Chandra Nath in village Gopinathpur within police station Lakhsmipur in the district of Noakhali. There were two dwelling huts in the north Bhiti-one on the eastern side and the other on the western side. P. W. 13 Jadab was sleeping in the eastern most room of the eastern but and his son P. W. 2 Karunamay Nath and his another…