Indian Penal Code, 1860, Section 302, 34, 353 -- Indiscriminate firing by CRPF personnel on police party - One police official died on spot - Conviction by trial Court set aside by High Court - High Court failed to consider evidence and material on record in a satisfactory manner - As regards identity of accused High Court did not deal with matter in a satisfactory manner..........
Evidence Act, 1872, Section 9 -- Test identification parade - Held after ten days - FIR when lodged against unknown persons, a test identification parade is held for testing the veracity of the witness in regard to his capability of identifying persons who were unknown to him - Holding a test identification parade after a long time loose its significance...........
Indian Penal Code, 1860, Section 302 -- Deceased, PW2 & PW3 attacked by appellant with knife - PW3 was stabbed by other accused convicted u/s 307 IPC - FIR lodged by PW1 against unknown persons - FIR did not show any such identity mark of scar noticed on hand of appellant which PW1 claimed to have disclosed - Test Identification Parade held after 10 days - Prior to that..........
Indian Penal Code, 1860, Section 302 -- Murder - No eye witness - Evidence of wife of deceased that she last saw her husband going with a male and female and a child - Said persons not previously known - Description sufficient to establish their identity never disclosed - Test identification parade not held - Conviction set aside...........
Indian Penal Code, 1860, Section 376 -- Rape - Girl aged 5-6 years - Statement of prosecutrix and medical evidence amply showing that rape was committed - Prosecutrix an intelligent child and she gave statement without any influence of her parents - Nothing in cross examination that she is not speaking truth - Prosecutrix identified accused when she saw accused near..........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Not substantive evidence - However, test parade is a safe rule of prudence and can be used for corroboration purpose...........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Lapses - If nature of the lapse is of such a nature that it becomes possible for the witness to deduce as to who can be the accused persons then the lapse must be said to be of a fatal nature...........
Evidence Act, 1872, Section 9 -- Test identification parade - Irregularities in the manner of conducting identification parade - Creates serious doubt regarding fairness of test identification...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 376 -- Rape - Non holding of Test identification parade - Accused known to prosecutrix - It would have been futile to hold a test identification parade - Even otherwise the substantive evidence is the evidence of identification in Court...........
Evidence Act, 1872, Section 9 -- Test identification parade - Necessity for holding TIP is only when accused is not previously known to the witnesses - It is desirable that TIP is conducted soon after the arrest of accused - Failure to hold a test identification parade does not make inadmissible the evidence of identification in Court...........
