dacoity. Had there been test identification and the witnesses had identified the accused in the test identification parade, their evidence ... test identification proceedings in respect of the property prepared at the time of the test identification.
33. Firstly it has to be seen
Ibrahim Wazir Shaikh (PW 7) on 25/6/2003. Test identification parade of the accused Nos. 1 to 5 was held ... treated as vitiated every Test Identification Parade would become unusable. We remind ourselves that identification parades are not primarily meant
aforesaid decisions are concerned, there is
no controversy that Test Identification Parade belongs to investigation stage and
served to provide the investigating authority ... test identification parade would not
make inadmissible the evidence of identification in court. The
weight to be attached to such identification
Additional Junior Civil Judge,
Gurazala, who conducted Test Identification Parade on
28.12.2011, whereas, the appellants were arrested on
26.11.2011 almost after one month ... appellants/A-1 to A-5 were shown prior to Test
Identification Parade. Thus there is no evidentiary value of
the 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
that the evidence with respect to the identification held in
a Test Identification Parade, and the holding of the Test
Identification ... weak type, unless
corroborated by satisfactory evidence of identification in a Test
Identification Parade held previously.
30 In my opinion, the prosecution
investigation, appellants were arrested and witnesses
identified the appellants during Test Identification Parade. Medical report of the assaulted
persons were also collected. Charge ... Exhibit-2). He identified the appellants in the course of Test
Identification Parade at Balurghat sub-jail. He also identified them in court
effect that the
identification made by the witnesses in the Test Identification Parade
conducted, three and half months after the occurrence, cannot ... identification in test identification
proceeding. Since we have found no irregularity or unfairness in the holding of
the test identification parade
identification in court for the first
time by such a witness cannot be thrown away merely
because no test identification parade ... without the same being corroborated
either by previous identification in the test
identification parade or any other evidence, was upheld
by this
witness nor by PW-13
Pancham. Furthermore, no Test Identification Parade was conducted. Suraj
@ Bhagat was identified only by Pradeep (who has turned ... first time.
As regards identification of Suraj @ Bhagat is concerned, the application for
test identification parade was filed on 3rd August