- Court
- Supreme Court of India
- Decided
- 15 April 2009
- Bench
- Arijit Pasayat, Asok Kumar Ganguly
- Result
- Appeals dismissed.
Headnote
Evidence - Test identification parade - Evidentiary value of-When before test identification parade conducted, witness taken to jail and accused persons shown to him - Held: There is no purpose in holding test identification parade - High Court right rejecting the prosecution case and acquitting the accused - Thus, order of High Court does not call for interference.
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
DR. ARIJIT PASAYAT, J. 1. Having heard learned counsel for the appellant-State and learned counsel for the respondents, we are not inclined to interfere with the order passed by the Andhra Pradesh High Court directing acuqittal of the respondents. The High Court has noted that before the test identification parade was conducted on 20.3.1991, the witness (PW1) was taken to the central jail where the accused persons were shown to him. That being so, there was really no purpose in holding test identification parade. The High Court rightly disbelived the prosecution version and directed acquittal of the respondents. In any event, this is a possible view and therefore no interference is called for. The appeals fail. The bail bonds executed for giving effect to the order of bail dated 13.10.2003 shall stand discharged.
The appeals are dismissed.
Case details
Arising from
CRIMINAL APP ELLA TE JURISDICTION : Criminal Appeal No.1030-1031 of 2003.
From the Judgment & Order dated 14.04.2002 of the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Appeal Nos. 1415 of 1997 and 1698 of 1997 ..
Appearances
I. Venkatanarayana, Manoj Saxena, Rajnish Kumar Singh, Rahul Shukla and T.V. George for the Appellant.
Annam D.N. Rao, D. Bhrathi Reddy for the Respondents.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.