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...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 392, 394, 34, 411 -- Suspension of sentence during pendency of appeal - Offence u/ss 392, 394, 34, 411 IPC - Complainant identified accused in Test Identification Proceeding and in his deposition before Court - He had seen accused in unmuffled face in Court - Accused had already spent more than 3..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Not substantive evidence - In absence of any other evidence, same cannot be basis of conviction...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) - PW1 identified accused correctly - However, accused raised an objection that identifying witness had seen him while he was in police custody - Even PW1 denied to have identified accused in TIP - PW1 not identified accused in Court - There is no other evidence..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Non-holding of TIP - If material on record sufficiently indicates that reasons for gaining an enduring impression of identity on mind and memory of witnesses are available on record, matter stands in a completely different perspective and in such cases even non-holding of TIP would not be fatal to..........
