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TIP of accused

(Querist) 26 November 2010 This query is : Resolved 
R/Members
In a murder case eye witness got recorded his statement before police to the effect that someone murdered his friend by using fire arm in his presence,he can not tell his name but he can identify him if he would produced before him,later on police of another state i.e Delhi arrested a person in arms act and during interrogation he suffered disclosure statement to the effect that he has also committed a murder in Haryana ,than Delhi police intimated this fact to Haryana police and Haryana police arrested him in murder case and later on challan filed in the court,but Test Identification parade before alleged eye witness was not conducted,what will be impact of this lacuna on prosecution case,kindly suggest.Regards
Arun Kumar Bhagat (Expert) 27 November 2010
The Prosecution case will weaken.First time identification in court or delayed TIP identification has no evidentiary value. Identification of the accused shall be treated as disproved.
adv. rajeev ( rajoo ) (Expert) 27 November 2010
It affects the case of prosecution. On the ground of non identification parade accused will be acquitted.
s.subramanian (Expert) 27 November 2010
yes
Ajay Bansal (Expert) 27 November 2010
DO
SANJAY GUPTA (Expert) 27 November 2010
agreed.
Raj Kumar Makkad (Expert) 27 November 2010
Prosecution case shall definitely be weakened due to this major lacuena.
Devajyoti Barman (Expert) 28 November 2010
yes


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