Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Test Identification Parade Evidence Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872: Section 9. Test Identification Parade - Found not acceptable - Evidentiary value of - Held, identification of accused in court after many years of occurrence cannot be accepted - Further, it is impossible to remember the face of the accused by the witness for the purpose of identification after 5 years of the occurrence though the witness had seen his face while opening the door. Test Identification Parade - Photograph of accused shown to witness and also printed in all local newspapers - Held, in the circumstances, test identification parade rightly not relied on by trial court - Further, a witness seeing an unknown man running away cannot identify him at a later point of time particularly when no special feature is indicated by the witness. Test identification Parade - Witness identified accused in Test Identification Parade but failed to identify him in court - Held, identification in Test Identification Parade loses its importance. Section 32 - Dying declaration - Deceased made a statement that people close to co-accused killed him - No evidence to indicate that deceased knew accused earlier- Held, such statement, even if accepted, cannot be said to be the clinching material to hold that it refers to the accused. Section 27 - Crime articles - Recovery of - Bullets recovered from house of accused on basis of his disclosure statement while in police custody - No evidence to show that bullets recovered from body of deceased were the same as those recovered from house of accused - Held, this circumstance insufficient to connect accused with the crime - Criminal Trial. Penal Code, 1860 : Ss. 120-B and 302. Criminal Conspiracy - Establishing of - Held, Prosecution must establish connection between alleged conspiracy and act done pursuant to the said conspiracy. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1999 INSC 65 |
Petitioner | Vijayan @ Rajan |
Respondent | State Of Kerala |
SCR | [1999] 1 S.C.R. 659 |
Judgement Date | 1999-02-16 |
Case Number | 43 |
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