AIR 1998 SUPREME COURT 192 ::1997 AIR SCW 4156 ::1997 ALL. L. J. 2442 ::(1998) 1 MadLW(Cri) 10 ::1998 (1) UJ (SC) 113 ::1998 UJ(SC) 1 113 ::(1998) 3 CurCriR 31 ::1998 CriLR(SC&MP) 54 ::1998 (1) SCC 76 ::1998 SCC(Cri) 14 ::(1997) 4 RecCriR 832 ::(1998) 1 RecCriR 33 ::(1997) 6 Scale 675 ::1998 CriLR(SC MAH GUJ) 54 ::(1997) 4 AllCriLR 530 ::1997 (3) ChandCriC 125 ::(1998) 1 EastCriC 163 ::(1998) 1 Ker LT 35 ::(1998) 1 Raj LW 47 ::1997 (4) SCJ 295 ::(1997) 4 Crimes 255 ::(1997) 9 Supreme 337 ::1998 (36) AllCriC 89 ::(1998) ScCriR 508 ::(1998) 2 EFR 19 ::(1997) 9 JT 72 (SC) ::1997 (9) JT 72

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): M. M. Punchhi, M. Srinivasan , JJ

(A) Evidence Act (1 of 1872) , S.9— Test identification parade - Failure to hold even after demand by accused - Not always fatal. The failure to hold the test identification parade even after a demand by the accused is not always fatal and it is only one of the relevant factors to be taken into consideration along with the other evidence on record. If the claim of the ocular witnesses that they knew the accused already is found to be true, the failure to hold a test identification parade is inconsequential.(Para 21) Where in a murder case the eye-witnesses knew the accused previously and in fact the accused and one of the eye-witness was related to the deceased and in the FIR lodged by the eye-witness just 15 minute after the occurrence the name of the accused was mentioned and therewere no allegations of any enmity between the accused and the eye-witnesses, the application for holding test parade made by the accused more than a month after the offence, was not bona fide. The failure to hold a test identification parade in spite of an order passed by the Sessions Court was therefore not fatal to the prosecution.(Para 22) (B) Penal Code (45 of 1860) , S.300— Murder case - Appreciation of evidence - Murder taking place while deceased was travelling in Ri....