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
depended upon the identification of the
appellants and this identification was founded solely on test
identification parade. This Court found that ... instant case, apart from
the identification in Court corroborated by identification in test
identification parade, there is evidence of recovery
which he had handed over to the police. A separate test identification parade was got conducted in respect of the articles which were ... claimed that these articles which he had identified during the test identification parade belonged to him. He had also deposed that the wedding
test identification parade on the
basis of photos.
14. Under such circumstances, when there is no
identification parade arranged ... There was no seizure from the appellant of the robbed
property. Test identification parade is doubtful. No test
identification parade
obligatory to get the
identification of the assailant verified in Test Identification Parade.
19. In the present case, the police has applied ... identification of
an accused by a witness in court is substantive evidence
whereas evidence of identification in test identification
parade
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
corroboration to the identification of witness in
Court, if required; identification of accused either in test
identification parade or in Court ... evidence of identification in Court inadmissible. Identification in
Court is a substantive piece of evidence. Test Identification Parade,
if conducted, would
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
test
identification by the accused/appellant. The Apex court elaborately
discussed the relevance, requirement and value of test identification parade ... parade, (test
identification being refused) yet she said that she had identified him in test
identification parade. The first case
investigation, the investigating
officer decided to hold the Test Identification Parade (TIP) of
the accused persons. However, it is the case ... have pointed out, the
identification of an accused at a test identification
parade by someone is not the accused