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Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): K. G. Balakrishnan, Ar. Lakshmanan , JJ

(A) Evidence Act (1 of 1872) , S.9— Identification of accused - Showing of photographs to witnesses for purpose of identification - Witnesses giving identifying features of assailants during course of investigation - Same could be confirmed by Investigating Officer by showing photographs of suspects - However when witness did not describe any identifying characteristics of accused - Showing of photograph to such witness would lead Investigating Officer to make wrong conclusion - Also when suspect is available for identification, photograph should never be shown to witness in advance. Police and Criminal Evidence Act (1984) , Annex.E— (English). There are no statutory guidelines in the matter of showing photographs to the witness during the stage of investigation. But nevertheless, the police is entitled to show photographs to confirm whether the investigation is going on in the right direction. But in the instant case, the Investigating Officer procured the album containing the photographs with the names written underneath and showed this album to the eye-witness and recorded their statements under Section 161, Cr. P. C. The procedure adopted by the police is not justified under law as it will affect fair and proper investigation and may sometimes lead to a situation where wrong persons are identified as assailants. During the course of the in....