Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Test Identification Parade

Monday, January 03, 2011
Test Identification Parade

Test Identification Parade — No test identification parade was held in this case — Wife and other eye-witnesses were asked to identify the accused for the first time in the court, some eight and a half years after the incident — Held, the manner in which the widow witnessed the brutal murder of her husband, right in front of her eyes in broad day light, it would be difficult, if not impossible for her to forget the faces of the assailants — They would be imprinted on her psyche for ever — The High Court rightly rejected the submission that non holding of the test identification parade has caused any prejudice to the accused.

Wednesday, February 17, 2010
Test Identification Parade

Test Identification Parade — Held, identification test is not substantive evidence — Such tests are meant for the purpose of helping the investigating agency with an assurance that their progress with the investigation into the offence is proceeding on right lines — Matru Alias Girish Chandra vs. The State of Uttar Pradesh - [1971(2) SCC 75 at para 17)] relied.

Test Identification Parade

Test Identification Parade — Held, identification test parade is not substantive evidence but it can only be used in corroboration of the statements in Court — Santokh Singh vs. Izhar Hussain and Anr. – [(1973) 2 SCC 406 at para 11] relied.

Test Identification Parade

Test Identification Parade — Held, identification proceedings are in the nature of tests and there is no procedure either in Cr. P.C., 1973 or in the Indian Evidence Act for holding such tests — The main object of holding such tests during investigation is to check the memory of witnesses based upon first impression and to enable the prosecution to decide whether these witnesses could be cited as eye witnesses of the crime — Amitsingh Bhikam Singh Thakur vs. State of Maharashtra - (2007) 2 SCC 310 relied.

Test Identification Parade

Test Identification Parade — Held, evidence of the identification of accused for the first time is inherently weak in character and the court has held that the evidence in test identification parade does not constitute substantive evidence and these parades are governed by Section 162 of Code of Criminal Procedure and the weight to be attached to such identification is a matter for the courts — Criminal Procedure Code, 1973, Section 162.

Test Identification Parade

Test Identification Parade — In the present case, PW-3 deposed that he recognized all the three persons in Court even though the fact remains that out of the three accused persons A-7 absconded and never faced trial — This is a clear discrepancy in the evidence of PW-3 about identification.

Test Identification Parade

Test Identification Parade — PW-3, in the present case, has deposed that the persons were covered with a blanket upto the neck but PW-12, who held the identification parade, in his cross examination admitted that there is no reference of blanket in Ext. P-14 and Ext. P-16 which are the reports of T.I. parade of A-4 and A-5 respectively — This is a vital contradiction between the versions of witnesses identifying and the person conducting the T.I. Parade.

Test Identification Parade

Test Identification Parade — Identification parade, in the present case, was held after a gap of over a month from the date of arrest and after about 3 months from the date of the incident — Held, no reliance ought to have been placed by the courts below or High Court on such delayed T.I. parade for which there is no explanation by the prosecution.

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