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Supreme Court Of India

(From : 2006 (1) Cri LR 138 (Raj))

Hon'ble Judge(s): Arijit Pasayat, D. K. Jain , JJ

(A) Evidence Act (1 of 1872) , S.9— Test identification parade - Purpose - To check memory of eye-witness and also for prosecution to decide as to who can be cited as eye-witness - Parade to be held as early as possible after arrest of accused. Identification tests do not constitute substantive evidence. They are primarily meant for the purpose of helping the investigating agency with an assurance that their progress with the investigation into the offence is proceeding on the right lines. The whole idea of a test identification parade is that witness who claim to have seen the culprits at the time of occurrence are to identify them from the midst of other persons without any aid or any source. The test is done to check upon their veracity. In other words, the main object of holding an identification parade, during the investigtion stage, is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eye-witnesses of the crime. The identification proceedings are in the nature of tests and significantly, therefore, there is no provision for it in the Code and the Evidence Act. It is desirable that a test identification parade should be conducted as soon as after the arrest of the accused.(Para 6) ....