implication of accused persons in this case and their doubtful chance
identification by the complainant smacks of suspicion.
23. The defence pointed out that Police
judgment:
"The proper way to hold identification proceedings is to put up each suspect separately for identification mixed with as large a number ... prominent marks require concealment so as to obviate all chance of identification being made through such marks being described to the witnesses earlier.
But surely
opinion, so far as A-7 is concerned, chances of mistake in
identification by these witnesses were extremely remote.
Mr. Gobind Das, Counsel ... identified A-7, dispels any
suspicion of such identification being a chance
identification. In the witness-box, at the trial, however,
P.W. 9 specifically
makes the prosecution story unbelievable. It is also emphasized that since this identification and arrest is a very relevant fact, on the basis of which ... appellants is closely connected to the one about the manner of identification and arrest. It is about recovery of some case property and the weapon
mixing the accused with sufficient number of other persons to eliminate chance, identification, by mixing the accused with persons of the same race, culture ... been conducted bona fide with reasonable prudence to eliminate chances of false or mistaken identification, it ought to be accepted. To hold that
whose record slips would not
have been available, there was no chance of identification
of dead body”, the trial Court further held thus in
paragraph ... Shama @ Kalya being a criminal, there would not
have been any chance of identification of the dead body.
In such circumstances when once identification
test identification parade. There is nothing to suggest that the test identification was not conducted in a fair manner. Since the test identification was conducted ... identified by as many as four witnesses, the element of chance identification is not there. After the test identification he was taken back
State vs Mahesh on 18 July, 2013
IN THE COURT OF SHRI SANJEEV KUMAR: ADDITIONAL
over to the said police official. Now,
with regard to the chance identification of the Accused in the MACT cell, stated
police station on 18.04.2004 is presently
described as chance identification. It can not be said at this
Crl. Rev. No. 290/2011 State Vs. Kawar