‘A’ is accused for murder of B. C and D are eye witnesses. Police officer did not conduct Test of Identification Parade. At the time of trial Eye Witnesses identified the accused person. Whether it is admissible.

Facts of the Case

‘A’ is accused of the murder of ‘B’. The prosecution has relied on two eye witnesses, C and D, who allegedly witnessed the crime.

During the investigation, the police did not conduct a Test of Identification Parade (TIP) to formally identify the accused.

At the trial, the eye witnesses identified ‘A’ as the perpetrator. The defence raises an objection, contending that the identification is inadmissible, arguing that the failure to conduct an identification parade undermines the reliability of the witnesses.

Issues in the Case

1. Whether eye witness testimony identifying the accused at trial is admissible when no Test of Identification Parade was conducted during investigation?
2. What is the legal significance of a TIP under the Indian Evidence Act, 1872?
3. How should the court evaluate the reliability and admissibility of eye witness identification without a prior TIP?

Legal Principles Covered to Support Case Proceedings and Judgments

A. Identification of Accused – Section 9 of the Indian Evidence Act

While Section 9 deals with relevancy of facts forming part of the same transaction, identification of an accused is not strictly barred if no prior identification parade was conducted. The crucial issue is the reliability of the identification.

B. Test of Identification Parade (TIP) – Role and Importance

Although TIP is not a statutory requirement, it is considered best practice and a safeguard against mistaken identification. Courts have held that:

• Absence of TIP does not render identification evidence inadmissible,
• It affects only the weight and credibility of the evidence, not its admissibility.

The Supreme Court in State of U.P. v. Rajesh Gautam emphasized:

The failure to conduct TIP goes to the creditworthiness of witnesses, not the admissibility of their testimony.

C. Reliance on Eye Witness Testimony – Sections 3 and 9 of the Evidence Act

• Section 3 defines “fact in issue” and “relevant fact”.
• Section 9 allows facts which form part of the same transaction to be relevant.

Here, the eye witness identification at trial is relevant fact directly connected to the crime.

Courts have repeatedly ruled that:

• Witnesses can identify the accused at trial,
• The court must scrutinize the circumstances under which identification took place (distance, light, duration, presence of distractions).

D. Judicial Precedents

1. Babu Singh v. State of Haryana – Identification at trial admissible even if TIP was not conducted; credibility is for the court to assess.
2. K. M. Nanavati v. State of Maharashtra – Emphasized the necessity to weigh eye witness testimony carefully, especially if no TIP was conducted.

Thus, absence of TIP does not bar the evidence, but the court evaluates probative value with caution.

Possible Judgment

The Court is likely to hold that:

1. The eye witness identification of ‘A’ at trial is admissible even though no identification parade was conducted during investigation.
2. The absence of TIP affects the weight and credibility of the identification, but does not make it inadmissible.
3. The court should carefully scrutinize the circumstances of identification: lighting, distance, duration of observation, and possible chances of mistaken identification.
4. If the court is satisfied that the witnesses had a clear opportunity to observe the accused and their testimony is credible, the identification can form substantial evidence for conviction.

Final Decision

Eye witness identification of the accused at trial is admissible under the Indian Evidence Act, 1872, even if no Test of Identification Parade was conducted. The court will consider the credibility and reliability of the witnesses while giving weight to their testimony.

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