Not Prudent To Convict An Accused Solely On Basis Of Identification For The First Time In Court Without Test Identification Parade
Case: Amrik Singh vs State of Punjab
Coram: Justices MR Shah and Aniruddha Bose
Case No.: CrA 992-993 OF 2012
Court Observation: “Even applying the law laid down by this Court in the aforesaid decisions and looking to the facts narrated hereinabove, we are of the opinion that it would not be safe and/or prudent to convict the accused solely on the basis of their identification for the first time in the Court.”
“It may be true that as per the settled position of law the FIR cannot be encyclopedia. However, at the same time when no TIP was conducted the first version of the complainant reflected in the FIR would play an important role. It is required to be considered whether in the FIR and/or in the first version the eyewitness either disclosed the identity and/or description of the accused on the basis of which he can recollect at the time of deposition and identify the accused for the first time in the Courtroom?”
“Nothing has been mentioned in his first statement that he had seen the accused earlier and that he will be able to identify the accused. The aforesaid was not disclosed in the FIR. Even in the cross examination as admitted by PW1 he did not disclose any description of the accused.”
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Keywords
Test Identification Parade, Not Prudent To Convict An Accused
