shown by the
Investigating Officer prior to Test Identification Parade, holding
an identification parade in such facts and circumstances
remains inconsequential ... Test
Identification Parade, the identification itself looses its
purpose. If the suspect is available for identification or for
video identification
identification of an
accused in court by a witness is substantive
evidence whereas that of identification in
test identification parade ... identification
for the first time in court, without the same
being corroborated by previous identification
in the test identification parade
identification of an accused by a witness in
court is substantive evidence whereas evidence of identification in test
identification parade ... when the identification in
court is not corroborated either by the previous identification in the test
identification parade or any other
identification in the eyes of law. It is
not always necessary that it must be preceded by the test identification
parade ... despite the identification parade being held, he was not
identified by the witnesses and also that the identification
parade had been
Prem Singh was also sought to
be produced for a test identification parade but he declined
to do so. Ballu accused was arrested ... Prem Singh was
also sought to be produced for a test
identification parade but he declined to do
so. Ballu accused was arrested
such identification would be for the
Court to decide and it is prudent to hold the Test Identification Parade
with respect ... identification of an accused
in Court by a witness is substantive evidence, whereas identification in
Test Identification Parade is, though
accused was based only on the identification at the test
identification parade, the Court gave him the benefit of
doubt while upholding ... occurrence.
32) Therefore, the following principles regarding
identification parade emerge: (1) an identification parade
ideally must be conducted as soon
parade to test his power of observation and
that the idea of holding test identification parade was to
test the veracity ... court for the first time without prior
identification by them in the test identification parade has
been the subject matter of comment
appellant, in the
holding of the identification parade. The
identification parade was held in accordance
with law and the witnesses ... said occurrence. Therefore,
the following principles regarding identification
parade emerge:
(1) an identification parade ideally must be
conducted as soon
repeal by Bombay
Act XXII of 1951-Evidence relating to test identification
parades- Whether and under what circumstances admissible
under ... investigations conducted under Chapter XIV of the Code.
The test identification parades in regard to accused I and 2
having been held prior