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Vijay More @ Viju @ Rahul Shantaram More vs The State Of Maharashtra on 25 March, 2014 cites

Sheo Raj vs State on 8 October, 1963

4. The learned Counsel for the defence, on the point of identification, have relied on the Full bench judgment of the Allahabad High Court in the case of Sheo Raj vs. State1, wherein it is held that the memo of test 1 AIR 1964 ALLAHABAD 290 vss 8 / 42 ::: Downloaded on - 15/04/2014 22:26:39 ::: apeal.1110.2012+(J).doc identification parade held by the Magistrate is not admissible without proof.
Allahabad High Court Cites 40 - Cited by 12 - Full Document

Mohanlal Gangaram Gehani vs State Of Maharastra on 17 February, 1982

The learned Counsel has also relied on a three-Judge Bench Judgment of the Supreme Court in the case of Mohanlal Gangaram Gehani vs. State of Maharashtra2, where the Supreme Court held that if the offender is not known to the witness before the incident and if identified for the first time in the Court, in the absence of test identification parade, the evidence of such witness is valueless and could not be relied upon.
Supreme Court of India Cites 8 - Cited by 361 - S M Ali - Full Document

Kunjumon @ Unni vs State Of Kerala on 21 November, 2012

32. The learned Prosecutor has placed heavy reliance on Kunjumon @ Unni & Ors. (supra). In the said case, a girl of 11 years and her vss 38 / 42 ::: Downloaded on - 15/04/2014 22:26:40 ::: apeal.1110.2012+(J).doc grandmother were robbed in their house by the accused person and another one. In the said case, the evidence was recorded nearly 6 years after the incident. No test identification parade had taken place and yet, the child witness was accepted by the Sessions Court and also conviction confirmed by the High Court. The said finding of proof of the identification by the child witness in the Court, in the absence of test identification parade, after six years, was held believable by the Supreme Court. In the said judgment, the Hon'ble Supreme Court held that the test identification parade should be held at the earliest so that the memory of the witness should not fade in the meanwhile. Not holding test identification parade is not fatal to the case of the prosecution. The Supreme Court held that the trial Judge will need to be circumspect in accepting the identification of an accused by a witness in Court if the accused is a stranger to the witness.
Supreme Court of India Cites 11 - Cited by 22 - M B Lokur - Full Document
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