Prayagraj (UP), February 17 The Allahabad High Court has acquitted three men, who were convicted for robbery in 1983.
The court acquitted them on Monday in a case of robbery that allegedly took place in 1982.
Justice Avnish Saxena found inconsistencies in the testimonies of the witnesses and said that the benefit of the doubt should be given to the convicted individuals.
The old criminal appeal was filed by seven convicts in 1983, who were aggrieved by the order of conviction and sentence passed by the special sessions judge in Budaun, Uttar Pradesh, on August 29 of that year.
An FIR was lodged against the convicts on July 27, 1982, at the Ujhani police station in Budaun, under sections 395 (punishment for robbery) and 397 (robbery with attempt to cause death or grievous hurt) of the Indian Penal Code.
The trial court had convicted Ali Hasan, Narain, and Nandey for the offense under section 395, and Omkar, Harpal, Latoori, and Mehndi for the offense under section 395, read with section 397 of the IPC.
Omkar, Harpal, Latoori, and Mehndi were sentenced to seven years of rigorous imprisonment, while Hasan, Narain, and Nandey were handed a five-year jail term.
During the pendency of the appeal, four of the convicts – Narain, Nandey, Omkar, and Mehndi – died, and by an order dated February 21, 2019, the appeal was abated for them.
Allowing the criminal appeal of the three remaining convicts, the high court said, "The surviving appellants cannot be held guilty for the offense of robbery or any other minor offense and are liable to be acquitted for the offense of robbery and attempt to cause death or grievous hurt while committing robbery, giving the benefit of the doubt, as the trial court has incorrectly adduced evidence."