Test Identification Parade Only Rule Of Prudence, Its Absence Does Not Necessarily Vitiate Identification Of Accused In Court: Kerala High Court
1 year, 10 months ago

Test Identification Parade Only Rule Of Prudence, Its Absence Does Not Necessarily Vitiate Identification Of Accused In Court: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that the absence of a test identification parade, does not necessarily invalidate identification of an accused in court.A single bench of Justice Bechu Kurian Thomas held that:“The object of a test identification parade is to test and ascertain the trustworthiness of the evidence regarding the identification of the accused. The Kerala High Court on Tuesday held that the absence of a test identification parade, does not necessarily invalidate identification of an accused in court. A single bench of Justice Bechu Kurian Thomas held that: “The object of a test identification parade is to test and ascertain the trustworthiness of the evidence regarding the identification of the accused. However, if the ocular evidence and the identification of the accused by the witnesses in court are impressive, nothing restricts the court from relying upon the said identification, as recognising the accused in court is the substantive evidence, while test identification parade is not an evidence of that character” The matter pertains to a man booked under Sections 394 and 450 of the Indian Penal Code for breaking into a house and injuring three persons in an attempt to commit theft.

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History of this topic

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC
1 month, 2 weeks ago

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a murder case convict after finding that the prosecution case was not reliable and the testimony of eye-witness was not credible.Justice Sureshwar Thakur and Justice Sudeepti Sharma said the the eyewitness account who is unknown to the accused is not credible if he directly identified him in the Court, without prior test …

Prosecution Must Examine Magistrate Who Conducted Test Identification Parade As 'Witness' During Trial: Orissa High Court
9 months ago

Prosecution Must Examine Magistrate Who Conducted Test Identification Parade As 'Witness' During Trial: Orissa High Court

Live Law  

The Orissa High Court has held that the prosecution must examine the Magistrate, who conducts the Test Identification Parade, as a 'prosecution witness' so as to ascertain the and identify any irregularity caused during such exercise. parade cannot be canvassed and discussed by the trial Court in his absence from the witness box.” Brief Background The four appellants were charged …

Kerala High Court Upholds Rape Conviction Of Man Spotted And Identified By Minor Victim In Public Place 1.5 Months After Incident
1 year, 3 months ago

Kerala High Court Upholds Rape Conviction Of Man Spotted And Identified By Minor Victim In Public Place 1.5 Months After Incident

Live Law  

The Kerala High Court last week held that conviction for rape can be made on the sole testimony of the prosecutrix and no corroboration such as test identification parade would be required if the evidence of the victim was reliable and inspires the confidence of the Court. The Court held that in appropriate cases when the evidence of the victim …

Test Identification Parade Can't Be Permitted After Lapse Of Several Years: Karnataka HC
2 years, 3 months ago

Test Identification Parade Can't Be Permitted After Lapse Of Several Years: Karnataka HC

Live Law  

The Karnataka High Court has made it clear that Test Identification Parade is to ascertain the identity of accused persons and cannot be conducted after lapse of several years, as there is risk of the witnesses having lost proper memory. "In the present case, the test identification parade was sought to be carried out by the investigating officer after a …

"Victim's Statement Inconsistent": Bombay High Court Acquits Man Convicted Under POCSO Act For Allegedly Raping A 7 Yr Old
4 years ago

"Victim's Statement Inconsistent": Bombay High Court Acquits Man Convicted Under POCSO Act For Allegedly Raping A 7 Yr Old

Live Law  

The Bombay High Court on Monday quashed and set aside an order convicting a 28-year-old man of committing the rape of a minor child and after noting the inconcistencies in the victim's statement to the police, Court observed that it would be highly unsafe to convict the appellant solely on the basis of the testimony of the victim. Moreover, Adv …

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