State Of Uttaranchal & Anr vs Sunil Kumar Vaish & Ors on 16 August, 2011
20. Identification of accused : First line of argument of
the defense is that Victim K has failed to identify the accused and
therefore, the testimony of her friend who was with her at the time
of incident cannot be believed to establish the identity of the
accused. This argument is not convincing for the simple reason
that not only Victim 'N' but her parents as well as parents of victim
'K' have duly identified the accused. Accused in his statement
Judgment 11 of 21
SC No: 45/15 State Vs. Sunil Kumar
recorded u/s 313 Cr.P.C also admits that he had a minor scuffle
with the victims on the date of incident. Hence, it is not a case of
mistaken identity.