Dana Yadav @ Dahu & Ors vs State Of Bihar on 13 September, 2002
This
Court in Dana Yadav alias Dahu (supra) has examined the points on the law
at great length and held that the evidence of identification of an accused
in Court by a witness is substantive evidence, whereas identification in
Test Identification Parade is, though a primary evidence, but not
substantive one and the same can be used only to corroborate the
identification of the accused by witness in the Court. So far as the
present case is concerned, PW10 and PW13 have identified the accused in
open Court which is the substantive piece of evidence and such
identification by the eye-witnesses has not been shaken or contradicted.
The trial Court examined in detail the oral evidence tendered by those
witnesses, which was accepted by the High Court and we find no error in the
appreciation of the evidence tendered by those witnesses.