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
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
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
such, the doc identification document is a substantive piece of
evidence contrary to test identification parade document, which
can be used ... 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 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
been made by the investigating officer to take resort to test identification parades in order to pin point the identity of the appellants ... description were there in the writing of Mohinder Kaur. The test identification parade might not have been necessary if full particulars
date of alleged identification in test identification parade was 31-10-76 while the dacoity was committed at the night between 31st ... well as on the point of the identification in test identification parade, is thus not above doubt and Pitambar must, therefore
test identification, therefore, is to test and strengthen the
trustworthiness of that evidence.
(v) The identification parades belong to the stage ... hold a test identification parade would not
make inadmissible the evidence of identification in court. The
identification parades belong
