JUDGMENT 1. - This appeal is directed against the judgment dated 19.8.1981 passed by the learned Sessions Judge, Chittorgarh camp Pratapgarh convicting the first appellant Bhanwar Singh of offence under Section 397 IPC and sentencing him to 7 years R.l. and to pay a fine of Rs. 500/- in default of payment, to further undergo 1 month R.l. The second, third and fourth appellants namely Shivlal, Ramdass and Razak have been convicted of offence under Section 394 IPC and sentenced to undergo 2 years R.l. and to pay fine of Rs. 500/- each, in default of payment, to further undergo 1 months R.l. 2. The prosecution case is that on 13.12.1977 one Satnarayan lodged a written FIR at Police Station Chittorgarh stating inter alia that in the morning from village Kathi he had gone to Chittorgarh to sale gram and wheat. He sold gram and wheat to Janki Lal and Pukhraj and collected the sale price. After making certain purchases, he left Chittorgarh at about 5 p.m. in the cart of Bhagwana. At about 6 7 p.m., he reached at village Bodhiyan, where he purchased molasses from the shop of Prabhulal. When he took out the money from his pocket to make payment, he saw the accused Bhanwarlal sitting in the shop. Thereafter, he left village Bodhiyan for his village Kathi in the cart of PW 6 Bhagwana. While they were passing through the forest between Bodiyan and Kathi, the five accused persons were seen seating on the way, they stopped the bullock cart and two of them climbed on the cart, and threw Satanarain on the ground. They were armed with knife and Dandas. At the point of knife, they robbed them. Injuries were also caused to them. He also stated that accused Bhanwar Lal put the knife on his neck. He also disclosed the name of accused Shivlal and Ramdass and stated that he was not knowing the name of the other accused persons. On this information, Police registered a case of offence under Section 394 IPC and proceeded with the investigation. It appears that the accused persons were arrested on 15.12.1977 and the recoveries of the currency notes and weapons were made in pursuance of information given by each of the accused persons The injured Satnarayan was medically examined. After usual investigation, Police also laid a charge-sheet against all the accused persons of offence under Secs. It appears that the accused persons were arrested on 15.12.1977 and the recoveries of the currency notes and weapons were made in pursuance of information given by each of the accused persons The injured Satnarayan was medically examined. After usual investigation, Police also laid a charge-sheet against all the accused persons of offence under Secs. 394, 397 and 411 IPC. 3. During the trial, the prosecution examined 10 witnesses and produced certain documents. In statement under Section 313 Cr.RC. when confronted with the prosecution evidence, the accused persons stated that the same was false. The trial Judge convicted and sentenced the appellants as stated above. 4. I have perused the record and heard learned Addl. PR It is not in dispute that except in the case of 4th appellant Rajjak, the parade for identification of the accused person 2 was not arranged. The case of the prosecution is that it was not necessary as the accused persons were from the near by village and they were known to victim Satnarayan and Bhagwana. I have read the statement of PW 1 Satnarayan. He has admitted in the cross examinations that he did not know the accused person prior to the incident. So far as the indentification in the court is concerned, he identified the accused Ram Das as Bhanwar Singh. On intervention by the learned RP, he put finger on Bhanwar Singh. PW 8 Bhagwan Lal has categorically stated that he cannot identify the accused persons as there was dark at the time of incident. So far as the 4th appellant Rajjak is concerned, he was arrested on 15.12.1977 vide Ex. 7 However, identification parade was arranged as late as on 18.1.1978 vide Ex.R 5. No explanation has been given for this delay in arranging the identification parade. Such a identification cannot be given any credit. Thus, the prosecution has failed to establish the appellants participation in the alleged crime of robbery. 5. According to the prosecution, the currency notes in the sum of Rs. 205 were recovered from the accused Shiv Lal on 15.12.1977. On the same day a recovery was made from accused Ram Dass for currency notes in the sum of Rs. 210/-. So as the recovery of currency note in the sum of Rs. 225/- was made from the accused Bhanwar Singh. Similarly from the accused Rajjak recovery of currency notes of Rs. On the same day a recovery was made from accused Ram Dass for currency notes in the sum of Rs. 210/-. So as the recovery of currency note in the sum of Rs. 225/- was made from the accused Bhanwar Singh. Similarly from the accused Rajjak recovery of currency notes of Rs. 205 was made on 15.12.1977. The recovery has not been supported by the motbir PW 2 Jeetu & PW 3 Ramcharan. The witnesses have not been able to point out that how they could identify the said currency notes. The currency notes are of common name, as such their identification is of no consequence. Thus, this set of evidence of recovery is also of no avail to the prosecution. In view of this, the conviction of the appellants either under Section 397 IPC or 394 IPC cannot be sustained. 6. Consequently, this appeal is allowed and the judgment dated 19.8.1981 passed by the learned Session Judge, Chittorgarh convicting the appellants is quashed and set aside. All the appellants are acquitted of the offence for which they have been convicted. The appellants on bail. The bail bonds stand cancelled.Appeal allowed. *******