Evidence Act, 1872, Section 9 -- Test identification parade - FIR does not have any details of persons allegedly involved in the crime - There was no identification parade - Motive of crime is absolutely unknown, vague and non-coherent with deposition of injured witness - Testimony of injured witness is extremely vague as he is not able to connect accused to crime or even..........
Indian Penal Code, 1860, Section 396 -- Offence u/s 396 - Conviction - Held, the crucial aspect is that even after the recovery of the ornaments, no Test Identification Parade was arranged by the Investigating Machinery - Further,if at all the accused were desirous of making confessions, the Investigating Machinery could have facilitated the recording of confessions by..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Recovery of gold ornaments at the instance of A-1 - Test Identification Parade of properties recovered was not conducted in terms of R.35 of Criminal Rules of Practice which is mandatory - Even, I.O admits that though he claims to have taken signatures of accused and mediators on the..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Identification of accused - PWs not aware of identity of assailants - Their source of information is rumors on basis of which an assertion about identity of accused is made in FIR - No test identification parade is conducted - Box identification by witnesses for first time in Court in the..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59, Evidence Act, 1872, Section 10 -- Attack on police party - Test Identification Parade - As per prosecution, apart from police party who were escorting accused in train there were about 50-60 passengers - No independent witness was examined - Out of four young boys..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Identification of accused - Non-holding of Test Identification Parade (TIP) - Accused was known to witnesses and was specifically identified by eye witnesses - Failure to conduct TIP for accused will not vitiate his conviction - Accused rightly convicted...........
Indian Penal Code, 1860, Section 392, 397, Evidence Act, 1872, Section 9 -- Offence u/ss 392, 397 IPC - Test Identification Parade (TIP) - Incident took place in Feb 1997 and accused arrested in Sep 1997 - TIP was conducted in Oct 1997 - Investigating authority had no occasion to produce accused in TIP before his arrest - Moreover, accused was identified by PW3 in dock..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Test identification parade - Pahchan patra of TIP mentions three lungis were presented, but related witness was shown only one lungi for identification - Inconsistencies are also found in statement of PW3 as regards spot inspection report prepared by police and recovery of lungi - Similar lungi is worn by many..........
Indian Penal Code, 1860, Section 392, 397, Evidence Act, 1872, Section 9 -- Robbery - Test Identification parade (TIP) - Complainant identified accused who had robbed him on point of knife - He thereafter identified accused during his testimony - Even though accused have been shown to complainant by police, there is no material to doubt his testimony that he was merely..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Evidence of identification of an accused in TIP is primary evidence but not substantive evidence - It can be used to corroborate evidence on identification of accused in the Court...........
