Alhate, City Magistrate at Nashik as PW25. He had
conducted the TI parade of accused nos. 1 to 5 on 25.07.2003.
Through his evidence ... parade. It is submitted that on the contrary he
admits that the parade was held in an open space. It is submitted
that TI parade
Gopal Patak and S.I. Santosh Hazra. In course of
investigation TI parade of the accused persons were held. After
completion of investigation charge-sheet ... implicate
the accused persons in the offence of rape. TI Parade was held and
she identified the offenders. That apart medical report (Exbt
accused persons, the stolen items were recovered. In the TI
parade appellants were identified and after investigation the
police had filed the challan and charge ... given the description of
clothes which they were wearing. In the TI parade Manoj PW.9
has identified the appellants Rohit and Golu, the panchnama
that in spite of
the identification of the accused in the TI parade, the witnesses
could identify only accused ... State of Maharashtra and Others], it was held that
identification in TI parade and in the court became worthless when
the photographs of the suspects
under:
"Another disturbing feature of the case is that
the TI parade was held inside the lock-up of
the CID Department ... photographs
of the appellants and other accused were
shown before the TI parades, but they were
held in the lock-up of the investigating agency
under:
"Another disturbing feature of the case is that
the TI parade was held inside the lock-up of
the CID Department ... photographs
of the appellants and other accused were
shown before the TI parades, but they were
held in the lock-up of the investigating agency
accused was there. It is also stated that during TI
Parade, the complainant and her sister have identified this very
accused and the statement ... been filed. He has submitted that it
appears from the TI Parade and panchnama that no active role can
be attributed to the accused
recorded, wherein
they have stated that they identified the accused and TI
parade has been held after 21 days and the identification
of the accused ... witnesses and
thereafter they have identified him and as such the TI
parade conducted is not going to help the case of the
prosecution
produced the case diary, but submits
that there is no TI parade. Since the FIR is vague with regard to the
involvement of the applicant ... necessary to hold TI parade and to
find out whether the applicant was also involved in the crime. Hence,
the interim relief is granted
blood stained. Case Diary
statements of prosecution witnesses were recorded, however,
TI parade was not conducted. The charge sheet was filed on the
basis ... offender, it was incumbent on the Investigating Officer to
have conducted TI parade. Even if on some secret information,
the accused persons were taken into
