Indian Penal Code, 1860, Section 341, 324, 147, 149, Evidence Act, 1872, Section 9 -- Unlawful assembly - Rioting - Test Identification Parade - Out of five accused, only one accused was recognized - No identification parade conducted to identify four assailants, who were not known to complainant and they were not identified when crime was committed - Crucial witness at..........
Indian Penal Code, 1860, Section 147, 148, 149, 120B, 332, 307, Evidence Act, 1872, Section 9 -- Un-lawful assembly - Identification of accused - PWs deposed that though it was dark at the spot but it was not pitch dark - There was sufficient light to identify the accused in the tube light - Moreover, accused were known to police party since they used to visit Police..........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Not a substantive piece of evidence and identification of suspect given by witnesses at the Test Identification proceeding must be proved by evidence before trial Court...........
Evidence Act, 1872, Section 9 -- Joint TIP - Murder case - Two accused can be made part of same TIP - Joint TIP thus, in no manner affects the validity of TIP, as purpose of TIP is to ensure that investigation is going on the right track and it is merely a corroborative evidence - Actual identification must be done in Court and that is the substantive evidence...........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Where victim or witnesses had sufficient time to see the accused and to have his face and physical features imprinted in their mind, it is of little consequence that test identification parade was not conducted during investigation...........
Evidence Act, 1872, Section 9 -- Test identification parade - It is only a corroborative piece of evidence - Substantive evidence consists of identification of accused at the trial...........
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147, Evidence Act, 1872, Section 9 -- Dacoity - Rape of three women belonging to same house - Test identification parade (TIP) - PW7 identified all accused during his testimony and during investigation - Defence tried to challenge the testimony of PW7 on the question of identification of accused but nothing..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Evidence on record shows that husband and wife cohabited together and relationship between them was normal and continued without any problem - In such situation, withdrawal of husband from society of wife is unjustified - Moreover, plea of husband that wife suppressed the material..........
Evidence Act, 1872, Section 9 -- Test Identification parade - Delayed TIP - One TIP within 1-1/2 months and another TIP of another accused after one year and within one month of arrest - Though incident took place in broad day light but time for which eye witnesses could see the accused was not sufficient for them to observe the distinguishing features of accused,..........
Evidence Act, 1872, Section 9 -- Test Identification Parade - In the instant case incident of firing occurred in the circumstances wherein much time was not available for eye witnesses to clearly see the accused - Held, in such a situation, it was of much more importance that TIP was conducted without any delay...........
