ISSUE:
What would be the effect of Identification of the Accused by the witness for the first time in the court, sans any Test Identification Parade?
Secondly, what would be the effect of the no-compliance of the procedure under Section 100 (4) and Section 166 (3) and 166(4)?
Whether the charge of Rape under Section 376 IPC has been made out against the Appellants-Accused?
Whether in the present case, awarding of the death sentence to the Appellant-Accused, is justified?
RULE:
Section 100(4) and Section 166(3) and 166(4) of the Code of Criminal Procedure, 1973.
Section 9 of the Indian Evidence Act, 1872.
Section 376 of the Indian Penal Code, 1860.