Evidence Act, 1872
Section 9—Identification of accused—Relevancy—Test identification parade is only an aid in investigation and it is dock identification which has to be taken into consideration—If the TIP is suspect or has not been conducted properly or not conducted at all, the evidence of identification in the dock has to be viewed with caution.
[Para 19]
Indian Penal Code, 1860
Section 302—Murder—Conviction—Recoveries at the instance of appellant are suspect, thus leaving the prosecution with evidence of identification of appellant by witness who identified the appellant as the person who kept the dead body in a plastic bag in his rickshaw and got down from the rickshaw for going to urinal and thereafter disappeared—Identification in the dock required corroboration from other evidence proved by prosecution—In the absence of any corroborative evidence merely on the dock identification of appellant by prosecution witness, the conviction for an offence punishable under Section 302 IPC cannot be based safely—Appellant entitled to benefit of doubt—Conviction set aside.
[Para 31]