before us is whether, in the absence of a Test
Identification Parade (TIP for short), the evidence of a child witness
should have been accepted ... have recognized
him in the Court and in the absence of a TIP, reliance on her
identification of the appellant could not be considered safe
submission as regards the
infirmities in holding the Test Identification Parade (TIP). Learned
counsel also relied upon the decisions reported in Ganga Prasad v. State ... seen A-
2 or his photograph immediately before the holding of
the TIP.
c) When the appellant raised objection at the time of
holding
themselves and that there
was no documentary proof in that regard. The TIP of the case property had
not been conducted and even independent witnesses ... alleged recoveries were from the open place, accessible
to all, that no TIP proceedings were conducted, associating PW-8, owner of
the car and that
moved an application for
conducting his test identification parade (TIP). A-1 refused to participate
in the proceedings. On 22.05.2000, on interrogation, his disclosure
statement ... application was moved before the learned Metropolitan Magistrate for
TIP of A-2 but he too refused to participate in TIP proceedings
Gomati, Deepak and Dharambir were
arrested by the IO. On 15.02.2005 the TIP of the three accused was conducted at
Tihar Jail; PW-6 correctly ... Gomati and accused Deepak;
however accused Dharambir refused to participate in the TIP. The IO completed
Crl.A. Nos.94, 783/2011 & 6/2012
arrested in this case.
They refused to take part in a TIP and their police remand was obtained.
They led the investigating team ... gold
chain was recovered from the house of Inderjeet @ Inder. Judicial TIP of the
CRL. A.842/11, 963/11 and 1376/11 Page
accused Bimla. All the four accused persons refused to
join the TIP. Thereafter on 13.12.95, other accused Pawan @ Rahul was
arrested ... involvement in the present case. Accused
Pawan also refused to join the TIP. On 3rd January, 1995 accused Sanjay @
Tilakdhari was also arrested on secret
themselves and that there
was no documentary proof in that regard. The TIP of the case property had
not been conducted and even independent witnesses ... alleged recoveries were from the open place, accessible
to all, that no TIP proceedings were conducted, associating PW-8, owner of
the car and that
name, he was threatened not to
identify anyone during the TIP, otherwise he would be killed. He
became nervous and did not identify the accused ... during TIP and
returned to home after making excuse of headache. He was scared.
21. PW-12, Constable Raghuraj Singh has stated that
three
accused Brij Babu, Hemant and Ishwar, in the Test Identification Parade
(TIP) conducted on 13th October, 2008 and Sonu in the TIP conducted ... appellants were shown
to him, in the police station, before the TIP was conducted and hence the
TIP proceedings were vitiated. The recoveries made pursuant
