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Sarwan Singh vs State Of Punjab on 7 October, 2002 cites

Budhsen vs State Of U.P on 6 May, 1970

Coming to the contextual facts once again, while it is true that there is no independent witness but the evidence available on record does inspire confidence and the appellant has not been able to shake the credibility of the eye-witnesses : There is not even any material contradiction in the case of the prosecution. The other allied issue pertains to the identification of the accused in Court for the first time: there is no manner of doubt as it stands well settled that ordinarily identification of an accused for the first time in court by a witness should not be relied upon for the purpose of passing the order of conviction without a definite corroboration since identification for the first time in court cannot possibly be termed to be non-admissible but it is a matter of prudence and jurisprudential requirement that the same should be upon proper corroboration otherwise the justice delivery system may stand affected. The Designated Court herein has in fact recorded a positive finding that the witnesses knew the appellant from before and they were acquainted with each other by reason wherefor the names could be mentioned in the FIR itself and in view of such a state of affairs question of decrying the evidence of all the so-called interested witnesses on a first time identification in court would not arise. We however, hasten to add that the requirement of the concept of justice is acceptability and credibility of the evidence tendered by the witnesses. Once that stand completed, it will be difficult if not an impossibility to challenge a conviction only on the ground of the failure to hold prior test identification parade. The law seems to be well settled and the decisions are galore but we think it fit to refer to only one earlier judgment of this Court in the case of Budhsen & Anr. v. State of U.P.[1970 (2) SCC 128] wherein this Court stated in paragraph 7 as below:
Supreme Court of India Cites 13 - Cited by 215 - I D Dua - Full Document

Usmanbhai Dawoodbhai Menon & Ors. Etc vs State Of Gujarat on 14 March, 1988

In one of the earliest pronouncements of this Court after the introduction of the said Act, this Court in Usmanbhai Dawoodbhai Memon & Ors. v. State of Gujarat [1988(2) SCC 271] in no uncertain terms stated that the intendment of the legislation is to provide special machinery to combat the growing menace of terrorism in different parts of the country. This court also did emphasise that since the legislation is a drastic one, the same should not ordinarily be resorted to unless the government's law enforcing machinery fails. In paragraphs 17 and 18 of the Report this Court observed :
Supreme Court of India Cites 40 - Cited by 117 - A P Sen - Full Document
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