Mohd. Sharikh
were kept in muffled face and were sent for Test Identification Parade
(T.I.P.) before PW6 Ms. Barkha Gupta, the learned ... they could not
apprehend the fourth accused who was declared proclaimed offender.
Charges were framed against them under Sections 392 / 34 read with
Section
Deepak Yadav vs State (Govt Of Nct Of Delhi) on 23 February, 2018
Author: Siddharth
Juvenile Justice Board or the
Committee need to go for medical test for age determination.
17. In the aforesaid background of the legal position ... present case. The respondent herein is accused in a
murder case facing charges under Sections302 / 397 / 34 IPC. He claims
himself to be a Juvenile
remembered that the case was at the stage of fram-
ing charges; the prosecution evidence had not yet commenced.
The Magistrate had, therefore, to consider ... poses to adduce are not to be meticulously judged. The standard of
test, proof and judgment which is to be applied finally before finding
moved application for holding Test Identification
Proceedings. The accused and his associates declined to participate in the
Test Identification Proceedings. Statements of the witnesses conversant ... brought to trial. The prosecution examined ten witnesses to substantiate
the charges. In 313 statement, the appellant pleaded false implication and
denied his complicity
court has to balance and weigh several relevant
factors--'balancing test' or 'balancing process'--and determine in each case
whether ... that right to speedy trial of an accused has been infringed the charges or
the conviction, as the case may be, shall be quashed
find that accused
did not lead any defence evidence. In response to charges framed
against him, he raised the defence of innocence. In response ... conduct
of his brother.
47. The above explanation was not put to test, by way of suggestions,
when prosecution witnesses were examined. No evidence
recorded the statements of
the various witnesses and he also got the Test Identification Parade of
the recovered purse and golden chain, conducted, wherein ... filed against them on 17.08.2007.
12. Vide order dated 24.09.2007, the charges for were framed
against all the accused persons, by the Ld. Predecessor
notes and Rs.100 x 10 notes) which
he had collected as charges for goods which he had unloaded at
Narela Mandi. Devender Kumar further ... case after which he was also arrested in the present case.
The Test Identification Parade of all the accused persons was got
conducted wherein
assailants and complainant also
identified the accused during judicial Test Identification Parade
proceedings, which stood also admitted by the accused. He also
submitted that rather ... Addl. PP prayed for conviction to the accused, as per
the charges framed against him.
11. Per contra, learned defence counsel submitted that
prosecution case