Pradeep Naik is the
Magistrate, who conducted Test Identification Parade. PW.11-
K.Venkatachary is a gold smith and a circumstantial witness ... appellant/accused. Therefore, identification of
MO.2 and MO.3 by PW.1 during the course of property identification
parade conducted
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 of the property or the perpetrator. It assures that the
investigation was correct. Thus, failure to hold test identification
parade does ... identification of an
accused in Court by a witness is substantive
evidence, whereas identification in Test
Identification Parade is, though
deposed that on 30.3.2009 he has conducted the Test Identification
Parade proceedings in respect of case property on the application ... marked to him by the Ld. Link MM. The Test
Identification Parade proceedings are ExPW3/A which bears his
St Vs. Bhagirath
that they had not identified the said chain
in any test identification parade.
44. Prosecution has also relied upon the testimony of
PW18 ... identification test
do not constitute substantive evidence. They are primarily meant for
purpose of helping investigating agency. Whole idea of a test
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
regarding this fact. PW20 has identified Ex.P-2 in
Test Identification Parade before PW26 who has deposed about
this fact and PW20 ... taken for his identification
during trial, if he refused to join Test Identification Parade
SC: 87/09 & 88/09 State
Further, there is lack of proper identification of the stolen
property. Admittedly, no test identification parade in respect of the
motorcycle allegedly ... Chhawla Page 9 of 21
not mention any particulars of the case property including its
registration number, colour, make, model, chasis number, engine
number
identification of M.Os.1 and 2 is concerned, it
is to be noted that the test identification parade was conducted ... claimed to have identified.
The identification of the properties does not appear to be in
consonance with Rule 35 of the Criminal Rules
stolen properties and jewelry
were belongs to deceased. It is further submitted that, Investigating Officer
concerned has not conducted test identification parade. Investigating ... identification of accused by Pw.8 is not proved by prosecution.
36 S.C.No.433/2011
32. No any test identification parade
