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..........
Indian Penal Code, 1860, Section 376, 323, 342, Evidence Act, 1872, Section 9 -- Rape of 7 years old girl - Test Identification Parade (TIP) - Photograph of accused shown to prosecutrix by her father before TIP - Prosecutrix in her examinatio, i, chief not disclosed name of accused and even his physical appearance - She however, identified accused in Court - TIP cannot be..........
Indian Penal Code, 1860, Section 364A, Madhya Pradesh Dakaiti Aur Vyapahanan Prabhavit Kshetra Adhiniyam, 1981, Section 11, 13, Evidence Act, 1872, Section 9 -- Kidnapping for ransom - Test identification parade - No TIP of accused conducted - Identification of accused in dock by witnesses cannot be relied upon...........
Indian Penal Code, 1860, Section 364A, Madhya Pradesh Dakaiti Aur Vyapahanan Prabhavit Kshetra Adhiniyam, 1981, Section 11, 13, Evidence Act, 1872, Section 9 -- Kidnapping for ransom - Test identification parade - Where TIP not conducted by police - Dock identification of accused cannot be discarded/disbelieved merely on ground that it was not preceded by TIP by police...........
Indian Penal Code, 1860, Section 364A, Madhya Pradesh Dakaiti Aur Vyapahanan Prabhavit Kshetra Adhiniyam, 1981, Section 11, 13, Evidence Act, 1872, Section 9 -- Kidnapping for ransom - Test identification parade - TIP not conducted by police during investigation - It cannot be said that dock identification of accused by witnesses in Court is unreliable...........
Indian Penal Code, 1860, Section 364A, Madhya Pradesh Dakaiti Aur Vyapahanan Prabhavit Kshetra Adhiniyam, 1981, Section 11, 13, Evidence Act, 1872, Section 9 -- Kidnapping for ransom - Test identification parade - Prosecution succeeded in establishing beyond reasonable doubt that witnesses had paid ransom amount and also identified accused in dock - In absence of any..........
Indian Penal Code, 1860, Section 364A, Madhya Pradesh Dakaiti Aur Vyapahanan Prabhavit Kshetra Adhiniyam, 1981, Section 11, 13, Evidence Act, 1872, Section 9 -- Kidnapping for ransom - Test identification parade - Earlier police under impression that accused has expired had submitted a report that dead body of accused has been recovered which was duly identified and..........
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..........
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...........
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..........
