JUDGMENT Per: Hon’ble Alok Singh, J. At the outset, it is pertinent to mention here that appellants Jalil, Zaheed and Sakoor have preferred appeal from jail bearing no. CRJA No. 54 of 2010 and have also filed appeal in their individual capacity bearing No. CRLA No. 179 of 2011, so there is no need to appoint any Amicus Curiae in the CRJA No. 54 of 2010, as Ms. Neetu Singh, Advocate is present in the Court and ready to argue the appeal on their behalf. 2. All these appeals are arising out of the same impugned judgment and order dated 31.07.2010 passed by Additional Sessions Judge/ 1st FTC, Haridwar in Sessions Trial No. 199 of 2008 whereby learned Sessions Judge found all appellants guilty for the offences punishable under Section 395, 397, 412 IPC and sentenced them to undergo 10 years rigorous imprisonment and to pay fine of Rs. 10,000/- each and in default, to undergo additional imprisonment for one year under Section 395 IPC; sentenced them to undergo 10 years rigorous imprisonment and to pay fine of Rs. 10,000/- each and in default, to undergo additional imprisonment for one year under Section 397 IPC; and sentenced them to undergo 10 years rigorous imprisonment and to pay fine of Rs. 10,000/- each and in default, to undergo additional imprisonment for one year under Section 412 IPC. 3. 10,000/- each and in default, to undergo additional imprisonment for one year under Section 397 IPC; and sentenced them to undergo 10 years rigorous imprisonment and to pay fine of Rs. 10,000/- each and in default, to undergo additional imprisonment for one year under Section 412 IPC. 3. Brief facts of the case, inter alia, are that PW1 Vijay Bansal lodged an FIR on 13.10.2007 at 07.50 a.m. with police station Jwalapur, District Haridwar stating therein that PW1 was residing in a house of Sudesh Vashisht as tenant, near Classic Hotel, Yogi Vihar Colony, Jwalapur; on the fateful day at about 04.00 a.m., 8 miscreants entered into the drawing room of his tenanted accommodation, after removing grill from the window; all the miscreants, thereafter, entered into the bed room of his two sons where they were sleeping; miscreants thrashed them and thereafter, overpowered them; brought his younger son Gaurav PW2 to his bedroom wherein he and his wife were sleeping; miscreants pressurized Gaurav to knock the door on the pretext that he was having stomach ache; on this, Gaurav knocked the door and said he was suffering from stomach ache; on this, PW4 wife of PW1 opened the door of bedroom; the moment door of bed room was opened, all the miscreants overpowered PW1 as well as his wife PW4 and pushed all of them into a bathroom attached with the bed room, after tying their limbs, mouths & eyes and had bolted the bathroom from outside; the miscreants had taken one gold ring from his small finger and four gold bangles, ear tops, gold chain, ear rings from PW4 and after breaking the door of Almirah, they had also looted all the jewellery and cash; all the miscreants were between the age of 22-28 years and they were speaking language like Nepali; the miscreants were armed with country made pistol, iron rod, knifes. PW1 and all the family members, have recognized them in the light and could identify them, if they were produced before them. 4. Having registered the FIR, Investigating Officer commenced the investigation. PW3 Investigating Officer received a secret information while he was on patrolling duty with constable Mohan Rawat that a gang of dacoits was sitting under a bridge near Prem Nagar Ashram and they were planning to commit dacoity and the dacoits were armed with different weapons. 4. Having registered the FIR, Investigating Officer commenced the investigation. PW3 Investigating Officer received a secret information while he was on patrolling duty with constable Mohan Rawat that a gang of dacoits was sitting under a bridge near Prem Nagar Ashram and they were planning to commit dacoity and the dacoits were armed with different weapons. Investigating Officer while going to apprehend the dacoits along other police personnel met with another police party comprising SOG Incharge Aishwary Kumar Pal, S.I. K.P. Tamta, Constable Om Pal, Constable Parmendra, Constable Hansveer, Constable Pankaj Kumar, Constable Chandra Prakash, Constable Deepak, Constable Pradeep Rawat, Constable Krishan Kumar, Constable Ashok; PW3 Pradeep Pant narrated the entire secret information to the said police party and thereafter, both the police parties proceeded towards Prem Nagar Ashram. Police party could hear the communications of gang of dacoits sitting under the bridge. Dacoits were telling each other to commit dacoity in new Haridwar colony. Police party raided and apprehended these miscreants at about 11.00 p.m. On search, one country made pistol, one live cartridge of 12 bore, one wrist watch and one SIM card were recovered from Raju Mandal; one country made pistol, one live cartridge of 12 bore and one mobile phone (Nokia make) were recovered from Jaleel; one knife and one cordless phone were recovered from Zaheed; one knife and one wrist watch were recovered from Shakoor; one iron rod was recovered from Somnath alias Santu; one gold ring and one Climax wrist watch were recovered from Rakesh. 5. During interrogation, Raju Mandal told that wrist watch recovered from him was looted five months ago from Shivalik Nagar and SIM Card was looted by him two months ago from Abhishek Nagar, Kankhal along with other co-accused; Zaheed disclosed that cordless phone recovered from him was looted by him along with other co-accused about two months ago from Kankhal area; Shakoor disclosed that watch recovered from him was looted by him five months ago from Shivalik Nagar along with other co-accused; Somnath told that wrist watch recovered from him was looted by him from Shivalik Nagar along with other co accused; accused Rakesh told that gold ring recovered from him was looted by him from Yogi Vihar, Jwalapur along with other co-accused. 6. All the accused then arrested and their faces were covered with cloths. Entire material, recovered from them, were kept in different seal covers. 6. All the accused then arrested and their faces were covered with cloths. Entire material, recovered from them, were kept in different seal covers. Accused appellants had confessed their guilt and told the police party that they could get recovered the looted items, which they had concealed. On this, on the next day i.e. on 18.12.2009, all the appellants were brought out from lock up veiling their faces. All the appellants took the police party near Kaliyar Shareef and asked the police party to stop the vehicle. All of them, took the police party to one hut and after digging the floor, took out the jewellery and handed over the same to police party saying these were the ornaments, which they had looted from Yogi Vihar Colony about two months ago. All the ornaments, so recovered, were kept in different seal covers; thereafter, an application was moved before the Deputy Collector, Haridwar for identification of ornaments by the complainants and his family members. PW1, PW2 & PW4 vide Exhibit A-7 were able to identify the ornaments, so recovered from the appellants, saying these were the ornaments, which were looted from them in the night of 13.10.2007; identification parade was held in the presence of SDM, Haridwar on 14.03.2008 wherein PW2 Gaurav Bansal could identify all the appellants; Vibhor, another son of PW1 & PW4, could identify all the appellants except Shakoor, PW 1 could identify only appellant Jaleel. 7. Having investigated the matter, charge-sheet was submitted against the appellants for the offence punishable under Sections 395, 397, 412 IPC. Charges were framed against the appellants for the offences in which charge-sheet was filed. All the appellants denied charges and claimed trial. 8. During trial, complainant Vijay Bansal PW1, his younger son Gaurav Bansal PW2, Investigating Officer Pradeep Pant PW3, Madhu Bansal PW4 (wife of PW1), Chandan Kumar PW5, Ramesh PW6, Naresh Singh PW7 and Jay Dev Singh PW8 were examined. Statements of accused appellants were recorded under Section 313 Cr.P.C. 9. Having perused the entire material available on record, learned trial court passed the impugned judgment and order thereby convicting and sentencing the accused, as mentioned hereinabove. 10. I have heard Ms. Neetu Singh, learned counsel for Jaleel, Jahid & Shakoor, Mr. Kuldeep Singh Rawal, learned counsel for Raju Mandal, Mr. S.K. Shandilya, learned counsel for Rakesh and Mr. Having perused the entire material available on record, learned trial court passed the impugned judgment and order thereby convicting and sentencing the accused, as mentioned hereinabove. 10. I have heard Ms. Neetu Singh, learned counsel for Jaleel, Jahid & Shakoor, Mr. Kuldeep Singh Rawal, learned counsel for Raju Mandal, Mr. S.K. Shandilya, learned counsel for Rakesh and Mr. H. O. Bhakuni, Brief Holder for the State and have carefully perused the record. 11. Mr. S. K. Shandilya, Advocate, appearing for appellant Rakesh, has vehemently argued that appellant Rakesh was identified only by PW2 Gaurav Bansal but could not be identified by PW1 and Vibhor Bansal, another son of PW1 and from the possession of Rakesh, only one gold ring and one climax wrist watch were said to be recovered and no weapon was said to be recovered from appellant Rakesh, therefore, his conviction is bad in the eyes of law. 12. The gold ring recovered from appellant Rakesh was the same ring, which was looted from PW1 and it was identified by PW1, PW2 as well as PW4, as per Exhibit A–7 and appellant Rakesh was identified during identification parade by PW2 Gaurav Bansal. 13. Ms. Neetu Singh as well as Kuldeep Singh Rawal have vehemently argued that prosecution could not prove its case beyond reasonable doubt. They have further argued that Vibhor Bansal, who has identified all the appellants except Shakoor during identification parade, was not examined by the prosecution, therefore, identification parade losses its importance. They further contends that the way ornaments said to be recovered from the appellants, seems to be highly improbable, therefore, conviction of the appellants is bad in the eyes of law. 14. PW1 states that he could not recognize the appellants except Jaleel during identification parade held in jail because their faces were not clear and on their faces stickers were affixed, however, he has identified them with confidence in the court room while appearing in the witness box. 15. PW2 Gaurav, who was pressurized by the appellants by overpowering him to knock the door of his parents’ bedroom on the pretext of stomach ache, had identified all the appellants during identification parade as well as in the court room. He had also identified the ornaments and silver coins looted by the appellants, as per Exhibit A-7. 15. PW2 Gaurav, who was pressurized by the appellants by overpowering him to knock the door of his parents’ bedroom on the pretext of stomach ache, had identified all the appellants during identification parade as well as in the court room. He had also identified the ornaments and silver coins looted by the appellants, as per Exhibit A-7. PW4 has also supported the prosecution story and identified the ornaments recovered from the appellants, as per Exhibit A-7. 16. Having perused the entire statements of PW1, PW2 & PW3, I am of the view that prosecution has successfully proved the prosecution story. PW3 Investigating Officer while appearing in the witness box has also proved the arrest of the appellants as well as recovery of ornaments from the appellants. Learned counsel for the appellants are not able to show that what enmity PW1, PW2 & PW4 had with appellants, in order to falsely implicate them. 17. Appellants have failed to disclose as to how ornaments belonging to the complainant party came into their possession. 18. In the opinion of this Court, police party will not implant such costly jewellery just to falsely implicate the appellants and to please the complainant. 19. In view of what has been stated above, I do not find any reason to take contrary view to the view taken by the trial court, therefore, all appeals fail and are hereby dismissed. 20. Let a copy of this judgment be sent to the court below for information along with lower court record.