Prayagraj: Allahabad high court recently acquitted three men in their 70s who were convicted 43 years ago in a 1982 dacoity case, ruling that the prosecution’s evidence was weak and riddled with inconsistencies.Justice Avnish Saxena allowed the criminal appeal on Feb 16, setting aside convictions recorded in 1983 by a special sessions court in UP’s Badaun district. “Surviving appellants cannot be held guilty for offence of dacoity or any other minor offence,” the judgment said, adding that evidence had been incorrectly appreciated at trial, entitling the appellants to benefit of doubt.Seven men had challenged the trial court’s 1983 verdict. The case stemmed from a July 27, 1982, crime reported at Ujhani police station in Badaun, invoking sections 395 (dacoity) and 397 (dacoity with attempt to cause death or grievous hurt) of IPC.The trial court had convicted Ali Hasan, Narain and Nandey under section 395 and sentenced them to five years’ rigorous imprisonment. Omkar, Harpal, Latoori and Mehdi were convicted under sections 395 read with 397 and sentenced to seven years’ rigorous imprisonment.Narain, Nandey, Omkar and Mehdi died during the long pendency of the appeal. By an order dated Feb 21, 2019, the appeal stood abated for these four.Allowing the appeal of the three surviving men, HC found material contradictions in witness testimony and gaps in prosecution proof. Ali Hasan was acquitted of the section 395 charge. Harpal and Latoori were acquitted of charges under sections 395 read with 397.
