Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 : s. 9 – Test Identification Parade(TIP) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872 : s. 9 – Test Identification Parade(TIP) – Legality and validity of – Prosecution case that accused persons to avenge the police atrocity hatched a conspiracy, abetted acts of rioting and destruction of public property – A-17 and A-19 alleged to have caused the death of a bus conductor – Accused convicted and sentenced for hatching conspiracy, murder of the bus conductor and destruction of roadways buses and other public properties – Findings of trial court and High Court on issue of conspiracy and murder attained finality – As regards, issue of destruction of property, the trial court rejected all the objections to the legality and credibility of TIP, and convicted the accused Nos. 1-7, 9-12, 14, 16 and 18 u/ss. 143, 147, 148 IPC, and s. 3(2)(e) of 1984 Act r/ w s. 149 IPC and sentenced to four years of rigorous imprisonment – High Court upheld the same – On appeal, held: Witnesses had the opportunity of seeing the accused before the conduct of TIP – Even one of the accused deposed to the said effect – There existed no useful purpose behind conducting the TIP – TIP was a mere formality, and no value could be attached to it – Delay in holding the TIP coupled with other circumstances cast a serious doubt on the credibility of the TIP witnesses – Conduct of the TIP, coupled with the hovering presence of the police during the conduct of the TIP vitiated the entire process – Trial court as well as the High Court erred in relying on the evidence of the TIP witnesses – Discrepancies in the manner in which both the TIPs were conducted, the prosecution could not establish its case beyond reasonable doubt – Apart from the TIPs, no other evidence put forth by the prosecution to prove the guilt of the accused – When the TIP is vitiated, the conviction cannot be upheld – Appellants acquitted of all the charges – Code of Criminal Procedure, 1973 – s. 386 – Penal Code, 1860 – ss. 143, 147, 148, 149 – Prevention of Damages to Public Property Act, 1984 – s. 3(2)(e). s. 9 – Test Identification Parade – Conduct of – Object of conducting TIP – Evidentiary value of TIP – Explained. |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2022 INSC 1199 |
Petitioner | Gireesan Nair & Ors. Etc. |
Respondent | State Of Kerala |
SCR | [2022] 8 S.C.R. 599 |
Judgement Date | 2022-11-11 |
Case Number | 1864-1865 |
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