Evidence Act, 1872, Section 9 -- Test identification parade - Not a substantive evidence - TIP is 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...........
Indian Penal Code, 1860, Section 394, Evidence Act, 1872, Section 9 -- Test identification Parade - Robberies committed at five petrol pumps - Witnesses working at said petrol pumps identified accused as there was sufficient light and accused had not put any mask or covered their faces - Witnesses not knowing accused prior to incident - No reason with the witnesses to..........
Indian Penal Code, 1860, Section 300 -- Murder - Effect of non examination of injured witness - Accused last seen in the company of deceased near place of murder - Accused identified during Test Identification Parade - Accused got recovered blood stained shirt - Held, offence of murder stands proved - Non examination of injured witness not fatal to the prosecution case...........
Evidence Act, 1872, Section 9, 14 -- Identification parade - Refusal on the part of accused to participate in test identification parade - Held, no adverse inference can be drawn against the accused...........
Evidence Act, 1872, Section 9 -- Test identification parade - Delay - Eye witnesses knew accused prior to incident though not aware about their names - Nothing in their depositions which could cast a doubt upon their truthfulness - Delay not fatal...........
Evidence Act, 1872, Section 9 -- Test identification parade - Accused identified by the witnesses at the time of arrest itself - Holding identification parade would have been a futile exercise/inconsequential...........
Evidence Act, 1872, Section 9 -- Test identification parade - Where the accused has been arrested in presence of the witness accused has been shown to the witness or even his photograph has been shown by the Investigating Officer prior to test identification parade, holding identification parade in such facts and circumstances remains inconsequential...........
Evidence Act, 1872, Section 9 -- Test identification parade - When accused is shown to the witness, a test identification parade becomes meaningless...........
Evidence Act, 1872, Section 9 -- Test identification parade - Holding of - No identification parade was held - But fact remains that appellant remained in hospital for 12 days - Held, holding of identification parade, therefore, would not have served any purpose...........
Evidence Act, 1872, Section 9, Police Act, 1861, Section 46, Bihar Police Manual, Rule 236 -- Test Identification Parade held in complete violation of guidelines contained u/r 236 - Held, evidence of identification is doubtful - Can not be relied upon...........
