Showing : 1-10 of 258 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that dummies resembled accused - Neither..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Test Identification Parade (TIP) - Source of light at the spot - Murder of five persons, robbery and rape of one lady - PW1 and PW8 identified accused in TIP as well as before Court - Incident occurred at 10.30 p.m - There was light or not in hut not mentioned in Panchnama - Accused allegedly used..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 149, 148-- Test Identification Parade (TIP) - Delay of 55 days in conducting TIP - Murder case - Prosecution did not take any effort to arrest or interrogate accused for 6 weeks despite their involvement was brought to light - No reasonable explanation given for inordinate delay of 55 days in conducting TIP..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 9-- Test Identification Parade (TIP) - Once accused were arrested at the scene of occurrence itself and produced before police, omission to hold TIP or produce someone from public in support thereof, would not adversely affect the prosecution case...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 9-- Attempt to murder - Non-conducting of Test Identification Parade (TIP) - PW7 suffered a fire arm injury at the hands of accused - He has given detailed sequence of events - Complainant also deposed on similar lines as PW7 - It was complainant who chased and apprehended accused after shooting took..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 449-- Murder - Motive of crime not established - Accused was not subjected to Test Identification parade before PW7 - No evidence on record to establish that accused was in the area where house of deceased was situated when deceased was murdered - Recovery of knife, rope, pair of shoes and blood stained..........
DELHI HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 34-- Test Identification Parade (TIP) - Murder - TIP of accused conducted after 5 days from the incident - No explanation given for such delay - A-3 not identified during TIP - However, A-3 was identified in Court - This itself raises doubt about genuineness of TIP proceedings as well as dock..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 9-- Test Identification Parade (TIP) - Identification in dock generally is to be given primacy over identification in TIP, as TIP is considered to be corroborative evidence...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 9-- Test identification parade (TIP) - Belongs to stage of investigation and there is no provision in Cr.P.C which obliges investigating agency to hold or confers a right upon accused to claim TIP - Failure to hold test identification parade would not make inadmissible the evidence of identification..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 9-- Test identification parade (TIP) - It does not constitute substantive evidence and these parades are essentially governed by S.162 Cr.P.C. - Failure to hold a TIP would not make inadmissible evidence of identification in Court...........

Showing : 1-10 of 258 Results