been shown by the
Investigating Officer prior to Test Identification Parade, holding
an identification parade in such facts and circumstances
remains inconsequential. (vide Shaikh Umar ... before the Test
Identification Parade, the identification itself looses its
purpose. If the suspect is available for identification or for
video identification, the photograph should
production of the report of the Radiological test and
not holding the Test Identification Parade would not discredit
the investigation or the prosecution case ... that the substantive
evidence is the evidence of identification
in court and the test identification
parade provides corroboration to the
identification of the witness
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 is treated as vitiated every test
identification parade would become unusable. We remind ourselves that
identification parades are not primarily meant for the court
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
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 ... contended that
despite the identification parade being held, he was not
identified by the witnesses and also that the identification
parade had been held after
case. Prem Singh was also sought to
be produced for a test identification parade but he declined
to do so. Ballu accused was arrested ... merely because three of the accused had refused to join
the test identification parade would not by itself be of any
significance as the accused
attached to such identification would be for the
Court to decide and it is prudent to hold the Test Identification Parade
with respect to witnesses ... 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
Apurba Ghosh (PW16)
was not similarly put to test by holding a test identification
parade for him also. He urged that while the identification ... test
identification parade would not make inadmissible
the evidence of identification in court. The weight to
be attached to such identification should be a matter
