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bbugs   18 October 2021

Accused identification

What would happen if police cant identify an accused in a court? For example, a person was arrested for possessing narcotics but in the court, the police can't identify the accused.
Would this make prosecution weaken his case?


 3 Replies

Raj Kumar Makkad   18 October 2021

Certianly such case shall become weak for the prosecution if accused stands unidentified by concerned witnesses. 

1 Like

Pradipta Nath (Advocate)     18 October 2021

Certainly! The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. In this case the presumption will take the shape of conclusion!

1 Like

minakshi bindhani   18 October 2021

As per your concerns!

Wherein police erred to identify an accused or the witnesses failed to identify an accused that inherently weaken the prosecution stance. The identification parade under section 9 of the Evidence Act, 1872 is a substantive piece of evidence i.e., evidence on which alone the Court can base its order of conviction or acquittal is that given by the witness or the police before the Court.

Hope it helps
Regards
Minakshi Bindhani
1 Like

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