The Bombay High Court has set aside the conviction and four-year imprisonment awarded to a 20-year -old youth for alleged robbery, observing that there were several discrepancies in evidence adduced against him.
Rahul Mishra, a resident of suburban Wadala, was convicted in February 2014 by a sessions court under section 397 of IPC for robbery or dacoity with an attempt to cause grievous hurt. He was sentenced to four years imprisonment.
Aggrieved by the conviction, Rahul approached the High Court.
According to prosecution, on February 21, 2013, Rahul and another person (a juvenile) had accosted a man outside Wadala railway station and snatched his Blackberry mobile phone and tried to flee. When the person chased the duo, Rahul allegedly stabbed him with a knife and escaped.
The injured victim was rushed to a hospital. Rahul and his partner were arrested the next day and police claimed to have recovered the stolen mobile phone from Rahul.
The High Court, however, noted that the complainant in his statement to the police had said that his mobile phone, which was stolen, was black in colour while the phone recovered from Rahul was white.
The court also said it cannot place high reliance on the evidence given by the complainant.
“It can be seen from evidence that the injured victim had very little chance to memorise the face and personality of the applicant (Rahul),” Justice M L Tahaliyani said.
The court noted that the prosecution could not give a proper explanation as to why the identification parade was held a month-and-a-half after the alleged incident.
“It is abundantly clear that the evidence against the applicant is highly unreliable and hence he cannot be held guilty. The applicant deserves to be acquitted as there are several discrepancies,” the court said directing the applicant to be released immediately.