Shri Mahabir Singh vs Deputy Commissioner, West Zone, ... on 14 July, 2008
7. Attention of this Court has been drawn towards the testimony of PW-1
and it is submitted that the latter, in his cross-examination, had stated that the
police had shown him the photographs of the Appellant in the police station
prior to the TIP proceedings and he had identified the present Appellant in the
said proceedings only at the instance of the Investigating Officer. Hence, it is
argued that the presence of the Appellant at the spot of occurrence in the
Signature Not Verified
Digitally Signed CRL.A. 498/2023 Page 6 of 35
By:SHIWANI NEGI
Signing Date:29.10.2024
18:40:37
present case at that relevant point in time cannot be satisfactorily proved by
the prosecution. Reliance has been placed on Mahabir Singh v. State of
Delhi, AIR 2008 SC 2343, in support of this contention and it is contended
that much evidentiary value cannot be attached to the identification of the
accused in Court in case wherein identifying witness was a total stranger who
had just a fleeing glimpse of the person identified or who had no particular
reason to remember the person concerned, if the identification is made for the
first time in Court.