Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 394, 396, 449 -- Test Identification Parade (TIP) - Dacoity - Incident occurred after mid night - Each of eye witnesses had suffered number of injuries, thus, every one of them had sufficient opportunity to observe accused to have an enduring impression of identity of assailants - Three eye witnesses seen..........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Failure to hold TIP - Mere irregularity and not fatal to prosecution case...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Does not constitute substantive evidence - These parades are governed by S.162 Cr.P.C. and procedural law does not oblige investigating agency to necessarily hold a TIP nor there is any provision under which accused may claim a right to holding of TIP...........
Indian Penal Code, 1860, Section 302, 201, 382, 467, 468, 420, 210, 411, 120B, 34 -- Murder - Circumstantial evidence - Accused acquitted as following circumstances not proved against them: (i) absence of missing report of deceased; (ii) last seen evidence not proved; (iii) Police not conduced Test identification parade and even there was lot of delay in identification of..........
Indian Penal Code, 1860, Section 460, 396 -- Offence u/ss 460, 396 IPC - No test identification parade of accused was conducted to establish their involvement in crime as well as there is nothing on record as to how involvement of accused in the case transpired during investigation - It would not be safe to base conviction of accused on basis of recoveries allegedly..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - TIP of accused before Court is not the main substantive piece of evidence, rather it is corroborative in nature...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 392, 34 -- Test Identification Parade (TIP) - Murder and robbery - When accused have not disputed their identity in cross-examination of PW9 and PW1, it is thus, too late for them to allege now that no TIP was conducted...........
Indian Penal Code, 1860, Section 304A, 279 -- Offence u/ss 304-A, 279 IPC - Plea that no test identification was conducted - Plea held, not tenable as owner of truck which accused was driving has categorically admitted that accused was working with him since last 4 months and was driving truck at the time of accident - Conviction upheld...........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - If accused is identified in TIP it becomes substantive evidence...........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Where there are no allegations that accused were in muffled faces and police does not immediately arrange TIP, because if accused is identified in TIP it becomes substantive evidence...........
