V. K. AGRAWAL, J. ( 1 ) THE accused! appellant Billa alias Shyamlal (CLA No. 1824/97), Teejram (Cr. A. No. 1712/ 97), Heeralal (Cr. A No. 1828/97) and Manohar Singh alias Rakka and Others (Cr. A No. 1646/97), have been convicted for offence punishable under Section 395 read with Section 397 of the Indian Penal Code and have been sentenced to undergo Rigorous imprisonment for 9 (nine) years, and to pay fine of Rs. 2,000/- (two thousand ). While 9-ccused/ appellants Man Singh and Motilal (Cr. A. No. 1646/97) have been convicted for offence punishable under Section 412 of the Indian Penal Code, and have been sentence to undergo Rigorous imprisonment for three years, and to pay fine of Rs. 2,000/- (two thousand), by judgment dated 29-7-1997 in Sessions Trial No. 470/92, by is Addi. Sessions Judge, Bilaspur. ( 2 ) SINCE all the above appeals arise from the same impugned judgment, they are being disposed of together by this common judgment. ( 3 ) THE prosecution case stated in brief is that Shyam Bai (PW 2) is the wife of Rewa Prasad Anant, Addi. R. T. O. Be cause of differences with her husband she used to reside with her mother Shukwara Bail (PW 10) at village Patadipara Begchool Bhata. P. S. Korba. Distt Bilaspur. On the date of incident i. e. , on 22-9-1992, the complainant Shyam Bai (PW 2) alongwith her children and mother Shukwara Bai (PW 10) were sleeping in their house. At about midnight, the accused/appellants came inside their house, committed house breaking and entered their house. They assaulted Shyam Bai (PW 2) and under threat asked to be given the ornaments. They had thereafter committed dacoity of silver and gold ornaments and escaped. The report of the incident was lodged by Shyam Bai (PW 2), which 4s recorded as Dehati Nalisi as per Ex. P/i. During investigation ornaments the looted articles, were seized from the accused/appellants after recording their memorandum. The Test identification Parade was held by Naib Tahsildar R. P. Tiwari (PW 6 ). The memo of Test identification Parade is as per Ex. P /2. The seized articles were got identified by Naib Tahsildar Arun Kumar Sharma (PW 3 ). The memo of identification is Ex. P /3. After completing other usual formalities during investigation, charge sheet was filed against the accused/ appellants. The memo of Test identification Parade is as per Ex. P /2. The seized articles were got identified by Naib Tahsildar Arun Kumar Sharma (PW 3 ). The memo of identification is Ex. P /3. After completing other usual formalities during investigation, charge sheet was filed against the accused/ appellants. ( 4 ) THE learned Trial Court framed charge for offence punishable under Section 395 read with Section 397 of the Indian Penal Code against the accused/ appellants except accused/appellant Motilal/against whom charge under Section 412 of Indian Penal Code was framed. They abjured guilt. After trial the learned Trial Court convicted and sentenced the accused/appellants as has been mentioned earlier. ( 5 ) IT may be noticed that during trial co-accused Balwant and Ganga Prasad absconded and accused Mishrilal expired. By the impugned judgment co-accused Jalam Singh was acquitted as the charge against him, was not proved. ( 6 ) THE learned Counsel for the accused/appellants has mainly urged that the case rests on identification of the accused/appellants and the identification of the property. It has been submitted that the identification of the accused/appellants held during investigation has not been relied upon by the learned Trial Court itself as would be evident from para 18 of the impugned judgment of learned Trial Court. However learned Trial Court has placed reliance on the seizure memo of property from the accused/appellants and its identification by the witness Shyam Bai (PW 2 ). It has been submitted in the above context that identification proceedings of articles conducted by Arun Kumar Sharma (PW 3) was faulty and the prosecution evidence in this regard could not have been justifiably relied upon. ( 7 ) SO far as the identification of the accused/appellants is concerned it may be noted that Shyam Bai (PW 2) has stated in para 36 of her statement that the she along with her mother Shukwara Bai (PW 10) had been taken to the Police Station by investigating Officer. S. H. O. Ravi Rai (PW 12 ). The accused/appellants were in the lock-up and were shown to them and got identified. She further states that after six months thereafter the accused/appellants were not identified by her in the Jest identification Parade at Bilaspur Jail. S. H. O. Ravi Rai (PW 12 ). The accused/appellants were in the lock-up and were shown to them and got identified. She further states that after six months thereafter the accused/appellants were not identified by her in the Jest identification Parade at Bilaspur Jail. Similarly her mother Shukwara Bai (PW 10) has also admitted in para 25 of her statement that the accused/appellants were got identified by Shyam Bai (PW 2) at the police lockup of P. S. Korba. ( 8 ) IN the circumstances the identification of the accused/appellants in the Test identification Parade held subsequently by Tahsildar R. P. Tiwari (PW 2) at district jail Bilaspur as per Test identification Memo (Ex. P/2) is rendered worthless, in the above context reference may be made to Suryamoorti and Anr. v. Govindaswamy and Ors in which before the identification parades were held the photographs of the accused/appellants appeared in the local newspapers, and the accused/appellants were in the lockup for a few days before the identification parades were held. It was held that in the circumstances that much importance to the test identification parade could not be attached. In the present case there is categorical admission by Shyam Bai (PW 2) and her mother Shukwara Bai (PW 10) that the accused! appellants were shown to them at the Police Station before the test identification parade was held. Therefore the test identification parade is rendered valueless as has been rightly held by the learned Trial Court. ( 9 ) NOW so far as the identification of the ornaments is concerned the proceedings thereof also suffers from vital infirmities as would be presently seen in this context Shyam Bai (PW 2) has stated in paras 40 and 41 of her statement that she identified the property at the shop of one Sharda Jewellers of Korba at the instance of S. H. O. Ravi Rai (PW 12 ). She has further elaborated that a police official was keeping a bag containing the ornaments which were got identified by her. That bag was opened by investigating Officer Ravi Rai (PW 12) at the shop of Sharda Jewellers of Korba, and those ornaments were shown by Ravi Rai (PW 12) to her one by one and she used to identify them and a person who was probably a Tahsildar used to record the proceedings. That bag was opened by investigating Officer Ravi Rai (PW 12) at the shop of Sharda Jewellers of Korba, and those ornaments were shown by Ravi Rai (PW 12) to her one by one and she used to identify them and a person who was probably a Tahsildar used to record the proceedings. Similarly the statement of Shukwara Bai (PW 10) does the prosecution case no service. She has stated in para 27 that the accused/appellants were being beaten by S. H. O. Ravi Rai (PW 12) and the ornaments were kept by him on a table in the police station. The ornaments were thereafter shown to them by S. H. O. and then she and her daughter Shyam Bai (PW 2) identified the ornaments. ( 10 ) IN view of above statements, it is clear that Shyam Bai (PW 2) and her mother Shukwara Bai (PW 10) were shown the seized ornaments at police station by investigating Officer Ravi Rai, and that there was no mixing of other ornaments and no real identification was held. Thus, there is no real identification was held. Thus, there is no evidence to ascertain the fact as to whether the seized articles were properly identified by the complainant Shyam Bai (PW 2) or her mother Shukwara Bai (PW 10 ). In view of above, the statement of Naib Tahsildar Arun Kumar Sharma (PW 3) that he conducted identification proceedings of the seized ornaments by mixing other ornaments cannot be believed. It may also be noticed that even according to Arun Kumar Sharma (PW 3) the seized articles were old and broken and in the said ornaments, new ornaments obtained from the jewellery shop were mixed up, and therefore, articles to be identified were obviously not mixed up with the ornaments of similar type. It is also not mentioned as to how many articles were mixed up with each articles of ornaments which were kept for identification. The statement of Arun Kumar Sharma (PW3) in this context is evasive when he says that 2-4 articles of similar type were mixed up. It is pertinent to note that he has also not mentioned the above fact in memo of identification (Ex. P,/3) prepared by him. The statement of Arun Kumar Sharma (PW3) in this context is evasive when he says that 2-4 articles of similar type were mixed up. It is pertinent to note that he has also not mentioned the above fact in memo of identification (Ex. P,/3) prepared by him. ( 11 ) THEREFORE, complainant Shyam Bai (PW 2) and her mother Shukwara Bai (PW 10) having already been shown the articles by the investigating Officer Ravi Rai (PW 12) at the police station, no importance to the identification of articles by Naib Tahsildar Arun Kumar Sharma (PW 3), as per memo (Ex. P/3) can be attached and the drawal of proceedings as per memo (Ex. P ,/3) by him can only be termed as a farce, in view of the above circumstances. The observation of the learned Trial Court in this regard that since the accused/appellants have not claimed the articles, close scrutiny of the evidence regarding identification of the articles is not required, does not appear to be correct approach. It was incumbent for the prosecution to prove that the looted articles were seized from the accused/appellants, and that the same were duly identified by the complainant. However, as, noticed earlier, the prosecution evidence in this regard cannot be relied upon. It may be observed in this connection that the investigating officer has acted in rather callous manner by mishandling the investigation by showing the accused/ appellants and articles to the complainant and her mother. On account of his conduct as above vital piece of evidence available in the case had been wasted and the prosecution case has suffered irreparably. Be that as it may, it is obvious that identification of the articles or the accused/appellants in the foregoing circumstances, cannot be relied upon. Since, there is no other evidence or material against the accused/appellants to connect them with the crime, the charges as against them, cannot be said to be proved Accordingly, their appeals deserve to be allowed. ( 12 ) IN view of above, the appeals are allowed. The conviction and sentence awarded to the accused/appellants are set aside. They stand acquitted of all the charges. Appeals allowed. .