Test identification parade -- Conducted after 2 days of arrest and after 14 days of incident - Contention that witnesses knew accused earlier - Suggestion put in cross examination which was denied in categorical terms - Contention that test identification parade has no credible value is misconceived...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302 -- Test identification parade - Murder by an unknown person - Test Identification parade conducted after a gap of 14 days - Delay was only procedural - Eye witnesses identified the accused - Held, there was no unreasonable delay in conducting test identification parade - Test identification paraded relied..........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Evidentiary Value - It is done for investigation - Identification in court is Substantive evidence - Test identification parade has only corroborative value - TI parade not conducted - Not fatal when identification in court is trustworthy...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death of a cyclist - Accused stopped truck and fled away - Two independent witnesses saw the accused - Test identification parade not held - However, witnesses unerringly identified the accused in Court - Identity of accused also revealed from Registration certificate, Insurance Cover and Driving..........
Evidence Act, 1872, Section 9 -- Test identification parade - In the absence of identification in Court at the time of tendering evidence the results of test identification parade are of little value...........
Test identification parade -- Accused not kept Baparda at police station till holding of test identification parade in jail - Inordinate delay in holding test identification parade - Identification is doubtful and is not free from reasonable doubt to sustain conviction...........
Test identification parade -- Culprit unknown persons - Culprit seen by identifying witnesses prior to the identification in the police custody - Held, identification loses its value...........
Criminal trial -- Test identification parade - Case based on circumstantial evidence - When witnesses had seen the accused only on the date of incident and not before, then failure to hold an identification parade is fatal for prosecution...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 304 Part II -- Test identification parade - Evidentiary value - Whole idea of test identification parade is that witnesses who claim to have seen the culprits at the time of occurrence are to identify them from the midst of other persons without any aid or any other source - Test is done to check upon their..........
Indian Penal Code, 1860, Section 395, Evidence Act, 1872, Section 9 -- Dacoity by six accused - One accused identified in test identification parade by only one PW - Other three PWs were unable to identify - Accused acquitted giving benefit of doubt...........
