AIR 2002 SUPREME COURT 2961 ::2002 AIR SCW 3463 ::2002 CriAppR(SC) 517 ::2002 (2) UJ (SC) 1298 ::2002 UJ(SC) 2 1298 ::(2002) 3 CurCriR 257 ::(2002) 3 AllCriR 2667 ::2005 SCC(Cri) 1301 ::2002 (7) SCC 175 ::2002 (4) RecCriR 265 ::(2002) 6 Scale 117 ::(2002) 2 ALD(CRL) 509 ::2002 (4) AllCriLR 342 ::(2002) 4 SCJ 57 ::2002 (4) Crimes 46 ::2002 (3) LRI 873 ::2002 (5) SLT 65 ::2002 (5) Supreme 562 ::2002 All MR(CRI) 2596 ::2002 (45) AllCriC 815 ::(2004) SC Cr R 1095 ::2002 (8) SRJ 501 ::(2002) 6 JT 274 (SC) ::2002 (6) JT 274

Supreme Court Of India

(From : 2000 (1) Andh. L.T. (Cri) 398)

Hon'ble Judge(s): Ruma Pal, Arijit Pasayat , JJ

(A) Evidence Act (1 of 1872) , S.9— Test Identification Parade (TIP) - Conduct of, soon after arrest of accused - Necessity of - As witness not available on the date TIP was conducted second test was held - Reason for delay in conducting TIP duly explained - Delay in conducting parade not fatal. The identification proceedings are in the nature of tests and significantly, therefore, there is no provision for it in the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. It is desirable that a test identification parade should be conducted as soon as after the arrest of the accused. This becomes necessary to eliminate the possibility of the accused being shown to the witnesses prior to the test identification parade. This is a very common plea of the accused and, therefore, the prosecution has to be cautious to ensure that there is no scope for making such allegation. If, however, circumstances are beyond the control and there is some delay, it cannot be said to be fatal to the prosecution.(Para 6) In the instant case, the accused persons were arrested after about 2 months of the date of occurrence. They were placed in police custody and thereafter under judicial custody. Immediately after the accused persons were arrested a motion was made to the concerned court for test identification parade and moment the court ....