Identification parades-Manner of holding-Weight to be attached-
Facts which establish the identity of an accused person are relevant under s. 9 of the Evidence Act. The substantive evidence of identification is the statement of the witness in court. But the evidence of identification at the trial for the first time is from its very nature weak. A prior test identification, therefore serves to corroborate the evidence in court. The purpose of identification parades which belong to the investigation stage is to enable the witnesses to identify persons concerned in the offence, who are not previously known to them, and thereby to satisfy the investigating officers of their bona fides by pointing out the persons they recognise as having taken part in the crime. These parades, thus furnish evidence which corroborates the testimony of the identifying witnesses in court. These parades do not constitute substantive evidence. Keeping in view the purpose of identification parades, the precautions to eliminate suspicion of unfairness and to reduce chances of testimonial error. They must take intelligent interest in the proceedings bearing in mind two considerations : (i) that the life and liberty of an accused may depend on their vigilance and caution, and (ii) that justice should be done in the identification. Generally, the Magistrates must make a note of every objection raised by an accused at the time of identification and the steps taken by them to ensure fairness to the accused, so that the court which is to judge the value of the identification evidence may take them into consideration in the appreciation of that evidence. The persons required to identify an accused should have had no opportunity of seeing him after the commission of crime and before identification and secondly that they should make no mistakes or the mistakes made are negligible. The identification to be of value should also be held without much delay. The number of persons mixed up with the accused should be reasonably large and their bearing and general appearance not glaringly disincline. [570 H; 571 A-H; 572 A- C]
In the present case the evidence shows that the Magistrate paid scant attention to the direction in the identification memos. The memos do not show that the parades were held by the Magistrate with the degree of vigilance, care and anxiety their importance demanded, and they were filled up in a very casual manner. They could only have a somewhat fleeting glimpse of the assailants. The prosecution has also not explained why the second eve witness had to go to the jail for identification a third time. The two eve witnesses did not state in evidence what particular part the two appellants played in the occurrence. The third witness who come on the scene on hearing the alarm could only have had a still more fleeting glimpse
Supreme Court of India
Budhsen vs State Of U.P on 6 May, 1970
Equivalent citations: 1970 AIR 1321, 1971 SCR (1) 564
