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Test Identification Parade

Daya Singh v. State of Haryana, AIR 2001 SC 1188

ISSUE:

Whether an 8-year delay in the identification test can lead to the inadmissibility of such identification?

RULE:

Identification of a person has been dealt with under section 9 of the Evidence Act. When the identity of a person is in question, identification by parents, wife or other relatives is relevant. Test Identification Parade is conducted under this section to aid the investigation of an offence.

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Test Identification Parade

State of Maharashtra v Suresh 2000 SCC (Cr.) 263

ISSUE:

Whether the three test identification parade conducted by the police and the lack of other forms of evidence sufficient to prove the guilt of the accused?

RULE:

Section 9 – This section deals with the identification of an accused by the witnesses and how the same can be a substantive piece of evidence when a test identification parade is conducted, and the witness corroborates that in court.

Section 27 -The basic idea embedded in Section 27 of the Evidence Act is the doctrine of confirmation by a subsequent event. Some discoveries made by the police on the basis of the accused's statement can corroborate the statement that he gave to the police.

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Test Identification Parade

Dana Yadav vs State of Bihar 2002 SCC (Cr.) 1698

ISSUE:

Whether failure to hold a test identification parade makes the evidence of identification in court inadmissible?

RULE:

Section 9 Indian Evidence Act- Identification of a person, has been dealt with under section 9 of the Evidence Act. When the identity of a person is in question, identification by parents, wife or other relatives is relevant. Test Identification Parade is conducted under this section to aid the investigation of an offence. But this is not seen as substantive proof unless corroborated by the witness in court.

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