Solai vs State Inspector Of Police on 30 September, 2009
24.P.W.2 did not say anything about the identity of the accused. When
identification parade was conducted in respect of the accused except A4 by
P.W.23 on the basis of Ex.P.22, the order of the Chief Judicial Magistrate,
Pudukottai, P.W.1 identified all the accused three times. Relying on this
learned counsel for the appellants argued that the identity of the accused was
shown to the witnesses. So, it is of no value. They relied on the decision of
this Court in Manoharan v. State by Inspector of Police reported in 2006
Crl.L.J. 4671, wherein it is held that mere identifying person in parade, in
absence of any acceptable evidence from witnesses with reference to the last
seen theory, cannot given out a formidable material to connect accused with
crime in question.