Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification parade - Prosecutrix denied to identify appellants No.1, 3 & 4 in dock who were identified during test identification parade - She further stated that miscreants were shown to them in jail - Appellant No.5 identified in dock after lapse of about 3 years from date of occurrence first time in dock -..........
Evidence Act, 1872, Section 9 -- Test identification parade - Cannot be claimed by accused as a matter of right...........
Evidence Act, 1872, Section 9 -- Test identification parade - Meaningless if the witnesses know the accused, or if they have been shown his photographs, or if he has been exposed by the media to the public...........
Evidence Act, 1872, Section 9 -- Test identification parade - Necessity - Witnesses did not know accused earlier - Held, accused could be identified only through a test identification parade - It is rather impossible to identify accused person when he is produced for first time in Court i.e. after ten years since he was unknown to witnesses - It is a glaring defect which..........
Indian Penal Code, 1860, Section 395, 396, 397, Evidence Act, 1872, Section 9 -- Dacoity with murder - Test Identification Parade - Conviction based on evidence of injured witness - Witness gave full description of all accused and clothes worn by them as well as their physical features - No scope of doubt to unhesitant identification of accused persons - Conviction upheld...........
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 9 -- Accident case - Court Identification - Instead of test identification parade - Propriety - Not a case where accused is shown to witnesses prior to his being identified in Court - Held, Court identification itself is good identification in the eyes of law - It is not always necessary that it must be..........
Evidence Act, 1872, Section 9, Criminal Procedure Code, 1973, Section 54, 291A -- Test Identification Parade - Scope - CrPC does not oblige investigating agency to necessarily hold Test Identification Parade - Failure to hold test identification parade while in police custody does not by itself render evidence of identification in court inadmissible or unacceptable - Fact..........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Delay in holding - Purpose of identification parade is to provide corroborative evidence and is more confirmatory in its nature - Hence, delay per se cannot be fatal to the validity of holding identification parade, in all cases, without exception...........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Delay in holding - No other infirmity pointed out - Identification parade was held in accordance with law and witnesses identified accused from amongst number of persons who had joined identification parade - Nothing on record to show that photographs of accused were actually printed in newspaper - Even if that..........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Delay in holding - Purpose of identification parade is to provide corroborative evidence and is more confirmatory in its nature - Hence, delay per se cannot be fatal to the validity of holding identification parade, in all cases, without exception...........
