police under Section 161 Cr.P.C., no test
identification parade was held. The accused are said to have been
produced in the court with ... reliable identification [see Japal Singh vs. State of Punjab,
1996(4) Crimes 74 (SC)].
On the omission of not holding test identification parade the
High
available for identification or for
video identification, the photograph should never be shown to
the witness.
32. Holding the Test Identification Parade ... court, along with the fact of
3
identification by the witnesses in the Test Identification
Parades. Both the Courts came to the conclusion that
identification
that the substantive
evidence is the evidence of identification
in court and the test identification
parade provides corroboration to the
identification of the witness ... attached to the evidence of identification
in court, which is not preceded by a test
identification parade, is a matter for the
courts of fact
dead body as that of
the same girl. In a test identification parade conducted by PW-26
Magistrate he identified the respondent as the person ... parade should ensure that
the said object of the parade is achieved. If he permits dilution of the
modality to be followed in a parade
Evidence of identification of an
accused in court by a witness is substantive
evidence whereas that of identification in
test identification parade is, though ... evidence of identification
for the first time in court, without the same
being corroborated by previous identification
in the test identification parade or any other
identification for the first
time after a lapse of considerable time in Court or (ii)
identification at a test identification parade. In the case ... well as in Court. In regard
to the identification at the test identification parade,
there is some discrepancy as he seems to have initially
identified
trial. The identification of an accused by a witness in
court is substantive evidence whereas evidence of identification in test
identification parade is though primary ... incident, especially when the identification in
court is not corroborated either by the previous identification in the test
identification parade or any other evidence. This
founded.
iv. Accused Shyamal Ghosh was not identified in the test identification
parade and only accused Satyajit Das @ Sadhu’s identity could be
established ... held that failure of the
investigating agency to hold a test identification parade does not, in that
view, have the effect of weakening the evidence
Sukh Dev Singh and P.W.4 Multhan Singh
no identification parade is necessary. The FIR Ex.P.1 shows
that the name ... good identification in the eyes of law. It is
not always necessary that it must be preceded by the test identification
parade. It will always
place on 26.01.1996 and
the accused was arrested on 8.06.1997 and identification parade was
conducted on 25.06.1997 about one and half years after the
incident ... This aspect vitiates the identification parade and
creates a dent in the case of the prosecution for which the
appellants should be given the benefit
