Wednesday, 27 December 2017

How to appreciate evidence if there is delay in taking of test identification parade?

The value to be attached to a test identification parade depends on the facts and circumstances of each case and no hard-and-fast Rule can be laid down. The court has to examine the facts of the case to find out whether there was sufficient opportunity for the witnesses to identify the accused. The court has also to Rule out the possibility of their having been shown to the witnesses before holding a test identification parade. Where there is an inordinate delay in holding a test identification parade, the court must adopt a cautious approach so as to prevent miscarriage of justice. In cases of inordinate delay, it may be that the witnesses may forget the features of the accused put up for identification in the test identification parade. This, however, is not an absolute Rule because it depends upon the facts of each case and the opportunity which the witnesses had to notice the features of the accused and the circumstances in which they had seen the accused committing the offence. Where the witness had only a fleeting glimpse of the accused at the time of occurrence, delay in holding a test identification parade has to be viewed seriously. Where, however, the court is satisfied that the witnesses had ample opportunity of seeing the accused at the time of the commission of the offence and there is no chance of mistaken identity, delay in holding the test identification parade may not be held to be fatal. It all depends upon the facts and circumstances of each case.


Criminal Appeal No. 1953 of 2010

Decided On: 06.01.2017

Md. Sajjad Vs.State of West Bengal

Hon'ble Judges/Coram:
Pinaki Chandra Ghose and U.U. Lalit, JJ.

Citation: (2017) 8 SCC 757.
Read full judgment here: Click here

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