Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - TIP is conducted as a part of investigation when an eye witness does not know accused before the incident - Identification of accused in TIP by eye witnesses though not conclusive, may give credence to identification of accused before Court by eye witnesses...........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) - Instead of holding TIP, PW6 was called to office of Superintendent of Police and accused was shown to him in the office - Identification of accused by PW6 in Court is not free from reasonable doubt, as it becomes very doubtful as accused was shown to..........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - If accused are already shown to witnesses in police station, then sanctity of TIP before Court is doubtful...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Necessity for holding TIP can arise only when accused are not previously known to witnesses - Whole idea of TIP is that witnesses who claim to have seen culprits at the time of occurrence are to identify them from midst of other persons without any aid or any other source...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - If testimony of eye witness relating to identity of accused inspires confidence in the mind of Court, absence of TIP by itself will not denigrate identification of accused in Court...........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Dead body of deceased discovered on the disclosure statement of accused J & P - Said facts are proved and established by constables - Even, test identification parade and dock identification also proves that accused were seen with deceased - Case against accused J & P is proved beyond reasonable doubt - Accused..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Accused `B' was arrested after one year from the incident - Test identification parade was also conducted after 13 months from the incident - Police officers were not taken to identification parade - Prosecution relies on recovery on key allegedly from accused `B', but this evidence is also disbelieved, as not..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Identification of accused - When there was huge time gap of about more than six months between date of incident and date of recording of statements of witnesses by I.O, Test Identification Parade (TIP) would have assisted police in identifying accused seen by PW7 - However,..........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - TIP sought to be carried out by I.O after a period of 11 years and after registration of complaint, cannot be permitted, particularly when finger prints of accused were found to be not matching with that found at the scene of occurrence - Order allowing TIP set aside...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 9 -- Murder - Non-holding of Test Identification Parade (TIP) - Witnesses had already been exposed to accused in police station - After all, TIP is only a part of an investigation and therefore nothing more can be attached to it - It is the duty of prosecution to prove its case beyond reasonable doubt -..........
