State vs Vikas @ Sunil And Another on 30 January, 2010
FIR No. : 337/07
P
Test identification parade of the
accused/appellant along with co-accused persons was
conducted. Patwari prepared the spot map. Test identification of
seized articles ... looted ornaments/articles;
19. Identification in Court i.e. dock identification is a
substantive piece of evidence and admissible in evidence. Test
identification attaches only
under section 164 Cr.P.C.
Ext.3/1 Test Identification Parade chart of articles
Ext.3/2 Test Identification Parade charge of two Auto ... Prasad Singh, B.D.O., Bodh Gay
conducted the Test Identification Parade of the seized articles and
two tempos involved in the incident were also
under section 164 Cr.P.C.
Ext.3/1 Test Identification Parade chart of articles
Ext.3/2 Test Identification Parade charge of two Auto ... Prasad Singh, B.D.O., Bodh Gay
conducted the Test Identification Parade of the seized articles and
two tempos involved in the incident were also
salwar suit from A-2-Anjali Thakran. These articles were put for Test
Identification which was conducted in the presence of P.W.24-
Vinayak ... examination that there was no distinctive mark on the purse.
Identification of these articles have been disbelieved by the courts
below and, in our opinion
statements. The appellants
underwent identification parade. Their fingerprints were examined, the seized
articles were sent for chemical and DNA test and permission for prosecution ... counsel submitted that the delay of 25 days in conducting the test
identification parade (TIP) is unexplained. The delay assumes significance since
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unveiled photographs
witnesses have not supported the case of the
prosecution and the Test Identification Parade conducted by the
prosecution is vitiated as the accused persons were ... regard.
17. Pertaining to reason No.9, the seized articles were handed-over for
Test Identification Parade without making any enquiry and same
was again
identity of the articles of stolen property could not be
relied upon for want of a proper test identification. There is no such
legal requirement ... upon for want of prior test identification. There is no such legal
requirement."
56 Identity of the articles stands established.
57 After the arrest
statements, robbed
articles were recovered. Intimation was given to the Investigating Officer
of this case who moved application for holding Test Identification
Proceedings. The accused ... called at Rohini Courts where he
participated in the Test Identification Proceedings and identified the case
property recovered. He also identified six cards collectively exhibited
basis of memorandum statement of the
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applicants, some of the stolen articles have been seized from them.
(3) Learned counsel appearing for the applicants ... lodged against unknown persons. Neither Test
Identification Parade has been conducted in this case nor stolen articles have been
seized from the applicants, which could