Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Dacoity with murder - Non-identification of accused by any PW would not vitiate prosecution case, particularly when it is evident from confessional statement of accused that at the time of occurrence he and another accused were guarding outside informant's house while other accused were committing dacoity...........
Evidence Act, 1872, Section 9 -- Identification parade - Purpose - The purpose of identification parades are : (a) to test the memory of witness; (b) to test their veracity and; (c) to enable the prosecution to decide whether they could site person concerned as an eye-witness of the crime; (d) identification of accused by witness for the first time in Court after a long..........
Criminal Procedure Code, 1973, Section 54A -- (as amended in 2005), Evidence Act, 1872, S.9 - Test identification parade - S.54-A of Cr.P.C. confers express power on Court to order TIP at the request of prosecution - To ensure that correct person who committed the offence is identified at the earliest point of time so that investigation proceeds on correct line...........
Evidence Act, 1872, Section 9 -- Test of identification parade (TIP) - In absence of identification parade, identification of accused by witnesses in Court, who by that time was already known to them, cannot be accepted as reliable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kg 700 gms poppy husk - Identity of accused not established beyond doubt - Recovery effected from car which was abandoned by some unknown persons - No cogent evidence on record to show as to who is owner of car nor owner of car was joined in investigation nor he was examined in Court to..........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - TIP of accused before Court of law is not the only main and substantive piece of evidence, but it is only a corroborative piece of evidence...........
Indian Penal Code, 1860, Section 302, 364, 379, 34 -- Murder - Circumstantial evidence - Identification of dead body - Dead body of deceased recovered from farm of PW1 on information given by A-1 - Same was identified by mother and father of deceased - Dead body was further proved by skull imposition test...........
Indian Penal Code, 1860, Section 394, 302, 411 -- Robbery - Incident by three unknown persons and complainant stated that he can recognize them, if they are brought before them - However, no Test Identification Parade done by police authorities after arrest of accused - Recovery of stolen article not proved on record - Prosecution failed to prove its case - Accused rightly..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Test Identification parade (TIP) - Murder - Identity of accused already disclosed to witnesses before TIP - Identity of accused by said witnesses before Court is of no evidentiary value, as it is not fair and reliable - Consequently circumstantial evidence of last seen does not itself..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 9 -- Murder - Test identification parade (TIP) regarding photographs of dead body recovered from tank not conducted - Photographs of deceased cannot be relied upon for want of prior TIP - Doubt is created as to dead body recovered from tank was of deceased - Since corpus delicti was absent and..........
