Monday, 12 August 2019

Whether identification of accused by photograph is permissible?

It is contended that the evidence of PWs 19 and 31 with regard to the identification of the accused Laxmi Raj Shetty before the Court of Sessions for the first time without any prior test identification parade was not of any value but we are not impressed. Later both these witnesses saw the photograph of the accused carried by PW 50 Deviasigamani and identified him to be the person involved. In the world as a whole today, the identification by photographs is the only method generally used by the Interpol and other crime detecting agencies for identification of criminals engaged in drug trafficking, narcotics and other economic offences as also in other international crimes. Such identification must take the place of a test identification.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 36 of 1987

Decided On: 26.04.1988

 Laxmi Raj Shetty  Vs. State of Tamil Nadu

Hon'ble Judges/Coram:
A.P. Sen and L.M. Sharma, JJ.
 Citation : AIR 1988 SC 1274


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