SALDANHA J. ( 1 ) WE have heard the learned Addl. SPP both on IA-I/03 as also on merits of the case, as these two aspects are interconnected. In view of the grounds set out in IA-l/03, delay is condoned and IA-I/ 03 is allowed. ( 2 ) COMING to the merits, we need to prefix this order with certain very broad and definite guidelines to the Investigating Authorities, as it has come to our notice that virtually case after case of the prosecution, in respect of every single dacoity offence, has failed for want of reliable evidence. We, therefore, insist that the Director general of Police shall ensure that every Investigating Authority in the State and the Director of Prosecutions, shall also ensure that every Prosecutor in the State, takes serious cognizance of the guidelines that are issued herein below;a) That invariably in case of dacoity because of the fact that the incident takes place either at night or on a highway or under circumstances, whereby the victims are either attacked or threatened, the Police mechanically take down the statement to the effect that the victims are unable to identify the accused. Irrespective of whether the attempts have been made to conceal the identity or not, the Police need to remember that having regard to the fact that the victims have been threatened and deprived of property or attacked or injured, the special features of the persons causing the attack would get registered in the mind of the victims. Even, if the victim is not a professional, a highly educated or sophisticated person, the fact remains that the incident is fearful, shocking and painful. Psychiatrics have very ciearly indicated that even in those situations where the light may be faint, there may be many characteristics, not only of the face but also the accent of the speech which are picked up by the victims, on the basis of which either they can described the accused or identify them, if given a chance. In this background, it is absolutely essential that irrespective of how much time has elapsed that proper test identification parades must be conducted and if the accused are detected at different times, multiple identification parade must be conducted. In this background, it is absolutely essential that irrespective of how much time has elapsed that proper test identification parades must be conducted and if the accused are detected at different times, multiple identification parade must be conducted. Absolute precautions must be taken to ensure that this parade shall be conducted in the presence of the Judicial Officers and that it should be conducted in the manner prescribed by law, namely, that it should be conducted in such a place and in keeping with the requirements, whereby the procedures will inspire confidence in the Court. The witnesses must be given full and fair opportunity to identify the accused and if they do so, the same must be recorded. We highlight this crucial and strategic importance of the identification parade, because it appears that the police and the prosecutors have been assuming that these are mere idle formalities when, in fact, they form an integral part of the investigation and virtually, the entire foundation of the prosecution case. This is the ground on which every single case of dacoity has been failing and it is not only in the public interest, but in the interest of the justice dispensation system and the law and order situation, that these guidelines have to be followed scrupulously is order to ensure that these errors that were taking place earlier do not any longer contribute to the high percentage of acquittals. It is with a lot of difficulty that the Police are able to apprehend the persons involved in a dacoity and an acquittal is not only a significant break down of the law and order machinery, but more importantly, aggravates the situation by encouraging the accused persons. In the background, we mandate that the identification process in every one of the cases will be done with utmost seriousness and without any scope for any errors, whatsoever. B) Even in this case, the learned Addl. SPP argued very strongly that where the identity of the property has been established as it has been identified by the victim and has been claimed by them, that this a strong nexus for the conviction. B) Even in this case, the learned Addl. SPP argued very strongly that where the identity of the property has been established as it has been identified by the victim and has been claimed by them, that this a strong nexus for the conviction. The learned Counsel is right, so far as the property is concerned and we need to record that again, the Police have been acting with an abnormally high degree of laxity, so far as the recovery evidence is concerned, without understanding how fundamentally crucial it is. In a large number of other cases, the Prosecutors have taken their job very casually instead with total professional diligence, as a result of which the witnesses are not produced, inventories are not produced and properties are not produced and consequently, the main plank of the prosecution case disappears. The Prosecution betrays total lack of commitment and this is something that the High Court will neither condone nor tolerate in future. We do hope that the Director of prosecutions will circulate the directions to every one of the prosecutors in the State. In so far as the recovery evidence is concerned we expect total professionalism from the investigating agency. The statements made by the accused, pursuant to which the property is recovered, will have to be properly recorded in the presence of persons of proper background and reliability and not a usual Police Station witness. Secondly, there will be 100% reliable evidence produced before the Courts with regard to the place and persons from where the property is recovered and the Police shall also ensure that supportive evidence, such as, bills, vouchers, receipts, books of accounts and the like, are produced in support of the recovery evidence. This is absolutely necessary, because in the absence of due compliance with the requirements of law, as has happened in the present case, virtually by default the accused go scot-free. The learned Addl. SPP is right when he points out that the prosecution or trial in dacoity cases virtually reaches the level of a farce when some blunders and mistakes are repeatedly in every single case and the trial ends in an acquittal. The government or State, for the reasons of public interest, files and appeal against the acquittal which Court finds is absolutely without any merit. The government or State, for the reasons of public interest, files and appeal against the acquittal which Court finds is absolutely without any merit. We do not propose to accept the position that we have reached a point of no return, because if there are any defaults in future, this Court will ensure that stringent action will be taken against those responsible for it, namely, the Investigating Officer, prosecutor and the like. The feeling of helplessness that the Court finds itself in such cases, compels us to use the expression 'enough is enough' and that this state of affairs will not be tolerated any longer. In the light of this observation, we need to emphatically stress under both the heads, that so far as the identification and so far as the recovery evidence is concerned, that the evidence is virtually in shambles, as a result of which the Trial Court has recorded an order of acquittal. With his best efforts, the learned Addl. SPP tried to submit that this order should be reversed, but we find ourselves totally handicapped because of the fact that this particular record can under no circumstances justify a conviction. In view of this position, after having carefully reviewed the entire record and the legal position, we need to confirm the order of acquittal. The appeal fails on merits and stands dismissed. To summarise the position that emerges from this and the long list of dacoity prosecutions that have failed, we are left with the position that whereas these serious offences which result in virtual looting of citizens, injuries and sometimes death are invariably detected and the accused arrested which speaks well for the police efficiency to start with. Unfortunately, the investigating authorities are not properly guided and monitored by their superiors and by the law officers as a result of which the investigation is not sufficiently thorough, lacunae result which provide an escape route for the accused and we have unfortunate result of 100 percent acquittals. Not only is it an exercise in frustration but the question that we address to ourselves is as to whether we have allowed karnataka to become a dacoit's have, where the investigation is defective and she requisite evidence to establish the charges within the framework of the law have not been satisfied, the filing of an appeal against the order of acquittal is more than useless. The accused in all these cases are regular gangsters who have no fixed place of residence or families or relations, they have to be released from custody when they are acquitted and even if, in a few of the border line cases the High Court entertains the appeal the accused are busy committing dacoities at some other places and can never be traced to serve the High Court notice. This is a dismal state of affairs which is shattering the maintenance of law and order and it is of paramount priority that the Home Department and the Police authorities take serious note of the guidelines contained in this judgment so that the investigations can be scientific and professional and the failure rate in dacoity prosecutions can be substantially eliminated. The Registrar General is directed to forward a copy of this order to the Secretary to Government, Home Department, Director general of Police and Director of Prosecutions, State of Karnataka, with instructions that they shall report back to the High Court intimating the compliance with our directions. --- *** --- .