( 1 ) IN all seven persons were tried as accused Nos. 1 to 7 in S. C. No. 20 of 2000 by the learned I Additional Metropolitan Sessions Judge-cum-Special Judge for Dacoity cases, Visakhaipatnam for the alleged offence punishable under Sections 395 and 412 of the Indian Penal Code, 1860. The learned Special Judge, by judgment dated 06-09-2001, while acquitting A-2 and A-6 of the charge under Section 395 of IPC found A-1, a-3 and A-7 guilty of the offence punishable under Section 395 of IPC and also found A-4 and A-5 guilty of the offence punishable under Section 412 of IPC and accordingly convicted and senlenced A-1, A-3 to A-5 and A-7 to undergo rigorous imprisonment for a period of five years each for the respective charges. Against the said judgment, A-1 preferred "crlano. 1633 of 2001; A-3 preferred crl. A. No. 1508 of 2001; A-4 preferred crl. A. No. 1540 of 2001; A-5 preferred crl. A. No. 1505 of 2001 and A-7 preferred Crl. A. No. 1501 of 2001. " ( 2 ) AS all these appeals are preferred against the same judgment dated 06-09-2001 passed in S. C. No. 20 of 2000, these appeals are taken up together and disposed of by this common judgment. ( 3 ) THE case of the prosecution, in brief, is that on the intervening night of 07/08-12-2006 while PWs. 1, 2 and 3 were having dinner, all the accused were found standing at the entrance door of the house armed with sticks and knives. Though PW-3 shouted loudly and PWs. 1 and 2 tried to push them out and close the door, all the accused opened the door with the help of stones and entered into the house. Thereupon all the accused attacked PWs. 1 to 3 and on account of which PWs. 1 to 3 sustained bleeding injuries. Later, the accused forced PW-1 to open the almyrah and when the said almyrah was opened, they took away two gold bangles, three kasula gold chain, one haram of gold with seven kasulu and cash of Rs. 700/-, and fled away. It is the further case of the prosecution that thereafter the accused committed dacoity in the same manner in the house of one Venkateswara Rao. 700/-, and fled away. It is the further case of the prosecution that thereafter the accused committed dacoity in the same manner in the house of one Venkateswara Rao. On information, the Sub inspector of Police, who was examined as PW-11, on the same night at about 3-30 A. M. proceeded to the house of PW-1 whereat PW-1 gave ex. P1 report. On the basis of the said report, pw-11 registered a case in crime No. 149 of 1996 for the alleged offence punishable under Section 395 of IPC and issued copies of first information reports to all the concerned. The first information report was marked as Ex. P-10. Thereafter, the Inspector of Police, who was examined as PW-12, took up further investigation. PWs. 4 and 3 were sent to the Government Hospital, eluru, where the doctor, who was examined as PW-6, gave them the required treatment and issued Exs. P4 and P3 wound certificates respectively. PW-12 sent search parties to different places and also sent mediators to various police stations about the incident. ( 4 ) IT is the further case of prosecution that on 26-01-1997 the inspector of Police at Kovvur Circle, who was examined as PW-10 on receipt of information about the movements of some dacoits visited the house of one Dharmaiah along with mediators and one of the mediators was examined as PW-7. On seeing the police officials, the accused tried to run away, but however, the police party under the supervision of PW-10 arrested A-1, A-2, A-3 and A-5. Further, during the course of interrogation, on 26-01-1997 A-5 made a confession statement and pursuant to which the gold articles relating to this crime were recovered. On the same day at about 12 o clock, PW-10 arrested four more persons and during the course of interrogation, A-4 made a confession statement and at his instance a gold chain with locket was recovered. The said articles were recovered from A-5 and A-4, which were marked as M. Os. 1 and 2 under the cover of Exs. P5 and P6 panchanamas. On instructions from PW-12, pw-11 approached PW-10 on 27-01-1997 and received the stolen property. On the next day that was on 28-01-1997 identification of the property was conducted, wherein PW-1 identified the said property. 1 and 2 under the cover of Exs. P5 and P6 panchanamas. On instructions from PW-12, pw-11 approached PW-10 on 27-01-1997 and received the stolen property. On the next day that was on 28-01-1997 identification of the property was conducted, wherein PW-1 identified the said property. ( 5 ) IT is also the case of the prosecution that a-6 and A-7 were arrested in connection with another Crime No. 118 of 1996 on 16-05-1997 by pw-14, the Inspector of Police at Khammam and some properties relating to Crime No. 119 of 1996 of Khammam III Town Police Station were recovered. As all the accused were apprehended a test identification parade was conducted on 25-11-1997 in the presence of the Principal district Munsif at Eluru, who was examined as PW-9. During the course of the said parade, PW-1 identified A-1 and A-7, PW-3 identified A-7, pw-2 identified A-3 and A-7 and PW-4 identified a-1 and A-7. The said test identification proceedings were marked as Ex. P9. Subsequently after completion of investigation, the charge sheet was filed against the accused. ( 6 ) ON appearance of the accused, a charge under Section 395 of IPC against A-1 to A-7 and a charge under Section 412 of IPC against A-4 and a-5 were framed, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to beftried. ( 7 ) IN all 14 persons were examined as PWs. 1 to 14 and Exs. P1 to p11 and M. Os. 1 and 2 were marked on behalf of the prosecution. The defence has not chosen to get anybody examined nor get any exhibits marked. ( 8 ) AS stated supra, on the basis of the said evidence, the Court below while acquitting A-2 and A-6 convicted and sentenced A 1, A-3 to A-5 and a-7 as stated supra. Assailing the said conviction and sentence, the appellants - A-1, A-3 to A-5 and A-Y have come up with these appeals. ( 9 ) HEARD learned Counsel appearing for the appellants, learned additional Public Prosecutor and perused the impugned judgment and other material on record. Assailing the said conviction and sentence, the appellants - A-1, A-3 to A-5 and A-Y have come up with these appeals. ( 9 ) HEARD learned Counsel appearing for the appellants, learned additional Public Prosecutor and perused the impugned judgment and other material on record. ( 10 ) IT is clear from the case of tha prosecution as well as the evidence of the prosecution witnesses that the alleged offence took place on the intervening night of 07/08-12-1996, whereas the test identification parade in the presence of PW-9 had taken place on 25-11-1997. The gap between the alleged date of incident and the test identification parade is about a year. At the time when the report, Ex. P1, was given by PW-1, pws. 1 to 3, in whose house the alleged dacoity had taken place, have not given any descriptive particulars about the accused. It is not the case of the prosecution that the accused are known persons to PWs. 1 to 3. In the absence of any descriptive particulars about the accused, is it possible for PWs. 1 to 3 to identify the accused when once they are placed before him after lapse of about one year ? The answer would be no. In fact, the Supreme Court in a number of cases held that when there is a long gap between the date of offence and the test identification parade, particularly when no descriptive particulars are given, it is not possible to identify the accused, and in such cases it is not safe to rely on the evidence of the prosecution witnesses and the said evidence shall be brushed aside. Keeping the said principle in mind when this Court looked at the evidence of PWs. 1 to 3, this Court is of the view that the Court below clearly erred in convicting A-1, A-3 and a-7 for the alleged offence punishable under Section 395 of IPC. ( 11 ) SO far as the charge under Section 412 of IPC levelled against A-4 and A-5 is concerned, it is the case of the prosecution that gold bangles and certain gold items were recovered from the possession of A-4 and A-5 and in support of its case it examined one of the mediators as PW-7 and also one of the investigating officer as pw-10. Hence, this Court looked into the evidence of PWs. 7 and 10. Hence, this Court looked into the evidence of PWs. 7 and 10. What all the evidence of PW-7, the alleged mediator in whose presence Exs. P5 and P6 were recorded, is that they went to a house in Laxmidevipet, where the accused persons were trying to run away, but, however, the police apprehended them and they are five to six culprits. Nowhere in the evidence, PW-7 has stated that the property that was lost in the house of PW-3 was recovered from the possession of A-4 and A-5. Hence, this Court is of the view that the evidence of PW-7 is not at all helpful to the case of the prosecution to hold that the gold ornaments belonging to the family of PW-3 were recovered from the possession of A-4 and A-5. Mo doubt, PW-10, one of the investigating officers, stated about the confessions made by A-4 and A-5 and the alleged recoveries. I am afraid, on the solitary testimony of the investigating officer, it is not possible to hold that the said recoveries are true. The alleged confessions and the testimony of the police officer shall require some corroboration, which is very much lacking in the case on hand. Having regard to these circumstances, this Court is of the view that in the absence of any positive evidence, it is not possible to hold that A-4 and A-5 are guilty of the offence punishable under Section 412 of IPC. ( 12 ) IN the light of the above discussion, this court is of the view that the court below erred in convicting the appellants for the offence punishable under Sections 395 and 412 of IPC. ( 13 ) IN the result, all the criminal appeals are allowed and the conviction and sentence imposed on A-1, A-3 to A-5 and A-7 in S. C. No. 20 of 2000 by the I Additional Metropolitan Sessions judge-cum-Special Judge for dacoity cases, Visakhapatnam, are hereby set aside. The bail bonds of the appellants - A-1, A-3 to A-5 and A-7 shall stand cancelled.