Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - When accused was not known to victim previously, identification through a Test Identification Parade is of utmost importance - Failure to hold such parade is a serious lacuna that affects credibility of identification in dock for the first time...........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Non-conducting of Test Identification Parade - When no specific allegation was levelled against some of accused in FIR, then obviously it was duty of prosecution to prove its case beyond reasonable doubt by leading evidence of identification before Court..........
Evidence Act, 1872, Section 9, Criminal Procedure Code, 1973, Section 54A -- Test Identification Parade - Test identification parade done at investigation stage only aids the investigation but cannot lead to conviction unless accused are identified in the box at the time of trial in the Court...........
Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Identification of accused - Where identification of an accused is in Court for the first time after a number of years and no Test Identification Parade has been held, then identification of accused in Court is insufficient in the eyes of law to affix the guilt of an accused...........
Evidence Act, 1872, Section 9 -- Test Identification parade - There is no requirement in law to conduct test identification parade which is conducted u/s 9 of the Act and test identification parade is held only for the purpose of lending assurance to Investigating Officer that he was proceeding on right path - Value of test identification parade is only of corroboration..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Dock identification by eye witnesses - No test identification parade was conducted and statement of PW1 was recorded in Court after 16 months of incident - In such circumstances, not much reliance can be placed on statement of PW1 - However,..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27, 9 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - Non-conducting of Test Identification Parade (TIP) - Material omission on part of I.O. in not conducting Test Identification Parade (TIP) of recovered articles, more particularly when case of prosecution is based solely..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - I.O. not deposed exact words as narrated by A-2 and A-3 in their disclosure statements - In fact, he even did not care to exhibit disclosure statements of which he was scribe in his deposition - I.O. also did not depose in..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Identification of an accused in Court is acceptable without a prior TIP and absence of TIP may not be fatal for the prosecution - It would depend on facts of each case...........
