20 Important Supreme Court Judgements on Test Identification Parade

_____________________________________________
1. Kanta Prashad v. Delhi Admn. AIR 1958 SC 350
2. Sheikh Hasib v. State of Bihar, (1972) 4 SCC 773
3. Dana Yadav v. State of Bihar AIR 2002 SC 3325
4. State of Maharashtra v. Sukhdev Singh, (1992) 3 SCC 700
5. Ronny @ Ronald James Alwaris v. State of Maharashtra (1998) 3 SCC 625
6. Kunjumon @ Unni v. State of Kerala 2012 (11) SCALE 212
7. Malkhan Singh v. State of Madhya Pradesh (2003) 5 SCC 746
8. Vijay @ Chinee v. State of Madhya Pradesh (2010) 8 SCC 191
9. State of Himachal Pradesh v. Lekh Raj & Anr. (2000) 1 SCC 247
10. Mulla & Anr. Vs. State of Uttar Pradesh (2010) 3 SCC 508
11. Matru @ Girish Chandra Vs. The State of Uttar Pradesh AIR 1971 SC 1050
12. State of Himachal Pradesh v. Lekh Raj, (2000) 1 SCC 247
13. Kanta Prashad v. Delhi Admn. AIR 1958 SC 350
14. Budhsen [(1970) 2 SCC 128 : 1970 SCC (Cri) 343]
15. State of Maharashtra v. Sukhdev Singh [(1992) 3 SCC 700 : 1992 SCC (Cri) 705]
16. Ronny [(1998) 3 SCC 625 : 1998 SCC (Cri) 859]
17. Rajesh Govind Jagesha[(1999) 8 SCC 428 : 1999 SCC (Cri) 1452]
18. State of H.P. v. Lekh Raj [(2000) 1 SCC 247 : 2000 SCC (Cri) 147]
19. Ramanbhai Naranbhai Patel [(2000) 1 SCC 358 : 2000 SCC (Cri) 113]
20. Kanan & Ors. v. State of Kerala, [1979] 3 SCC 319
_________________________________________
# 1. Kanta Prashad v. Delhi Admn. AIR 1958 SC 350
_________________________________________
The purpose of holding Test Identification Parade is to test the statement of a witness made in
the Court. The test identification parade which belongs to the investigation stage is conducted
to assure the investigating agency that the investigation is proceeding in the right direction.
_________________________________________
# 2. Sheikh Hasib v. State of Bihar, (1972) 4 SCC 773
_________________________________________
A three Judge Bench of the Supreme Court reiterated that it is only the identification of the
accused in the Court which is a substantive evidence and the test identification parade is held
during investigation to minimize the chances of memory to identifying witnesses fading away
due to long lapse of time.
_________________________________________
# 3. Dana Yadav v. State of Bihar AIR 2002 SC 3325
_________________________________________
The Supreme Court culled out certain exceptions to the ordinary rule that identification of an
accused for the first time in the Court is a weak type of evidence. The importance of holding
test identification parade was highlighted by the Supreme Court in this case.
It is also well settled that failure to hold test identification parade, which should be held with
reasonable dispatch, does not make the evidence of identification in court inadmissible, rather
the same is very much admissible in law.
Question is, what is its probative value? Ordinarily, identification of an accused for the first
time in court by a witness should not be relied upon, the same being from its very nature,
inherently of a weak character, unless it is corroborated by his previous identification in the
test identification parade or any other evidence.
The purpose of test identification parade is to test the observation, grasp, memory, capacity to
recapitulate what a witness has seen earlier, strength or trustworthiness of the evidence of
identification of an accused and to ascertain if it can be used as reliable corroborative
evidence of the witness identifying the accused at his trial in court.
If a witness identifies the accused in court for the first time, the probative value of such
uncorroborated evidence becomes minimal so much so that it becomes, as a rule of prudence
and not law, unsafe to rely on such a piece of evidence.
_________________________________________
# 4. State of Maharashtra v. Sukhdev Singh, (1992) 3 SCC 700
_________________________________________
Test identification parade, if held promptly and after taking the necessary precautions to
ensure its credibility, would lend the required assurance which the court ordinarily seeks to
act on it. In the absence of such test identification parade it would be extremely risky to place
implicit reliance on identification made for the first time in Court after a long lapse of time
and that too of persons who had changed their appearance.
_________________________________________
# 5. Ronny @ Ronald James Alwaris v. State of Maharashtra (1998) 3 SCC 625
_________________________________________
The Supreme Court noticed that where the witness had a chance to interact with the accused
or where the witness had an opportunity to notice the distinctive features of the accused
which lends assurance to his testimony in the Court, the evidence of identification in the court
for the first time by such witnesses cannot be thrown away merely because any identification
parade was not held.
_________________________________________
# 6. Kunjumon @ Unni v. State of Kerala 2012 (11) SCALE 212
_________________________________________
In the latest judgment of the Supreme Court in while referring to its earlier judgments the
Honble Supreme Court observed that mere failure to hold a test identification parade is not
fatal to the prosecution case but the Trial Judge will need to be circumspect in accepting the
identification of an accused by a witness in the Court if the accused is a stranger to the
witness.
_________________________________________
# 7. Malkhan Singh v. State of Madhya Pradesh (2003) 5 SCC 746
_________________________________________
It is well settled that the substantive evidence is the evidence of identification in court and the
test identification parade provides corroboration to the identification of the witness in court, if
required. However, what weight must be attached to the evidence of identification in court,
which is not preceded by a test identification parade, is a matter for the courts of fact to
examine.
_________________________________________
# 8. Vijay @ Chinee v. State of Madhya Pradesh (2010) 8 SCC 191
_________________________________________
Holding of the Test Identification Parade is not a substantive piece of evidence, yet it may be
used for the purpose of corroboration; for believing that a person brought before the Court is
the real person involved in the commission of the crime. However, the Test Identification
Parade, even if held, cannot be considered in all the cases as trustworthy evidence on which
the conviction of the accused can be sustained. It is a rule of prudence which is required to be
followed in cases where the accused is not known to the witness or the complainant.
_________________________________________
# 9. State of Himachal Pradesh v. Lekh Raj & Anr. (2000) 1 SCC 247
_________________________________________
The Supreme Court relied upon the identification of the accused by the witness for the first
time in the Court where the witness and the culprit were face to face.
_________________________________________
# 10. Mulla & Anr. Vs. State of Uttar Pradesh (2010) 3 SCC 508
_________________________________________
The Tests Identification Parades do not constitute substantive evidence. They are primarily
meant for the purpose of providing the investigating agency with an assurance that their
progress with the investigation into the offence is proceeding on right lines. The Test
Identification Parade can only be used as corroboration of the statement in Court. The
necessity for holding the Test Identification Parade can arise only when the accused persons
are not previously known to the witnesses. The test is done to check the veracity of the
witnesses.
Test Identification is a part of the investigation and is very useful in a case where the accused
are not known before hand to the witnesses. It is used only to corroborate the evidence
recorded in the court. Therefore, it is not substantive evidence. The actual evidence is what is
given by the witnesses in the court.
_________________________________________
# 11. Matru @ Girish Chandra Vs. The State of Uttar Pradesh AIR 1971 SC 1050
_________________________________________
Identification tests do not constitute substantive evidence. They are primarily meant for the
purpose of helping the investigating agency with an assurance that their progress with the
investigation into the offence is proceeding on right lines.
_________________________________________
# 12. State of Himachal Pradesh v. Lekh Raj, (2000) 1 SCC 247
_________________________________________
Test identification parade is a rule of prudence which is required to be followed in cases
where the accused is not known to the witness or complainant.
_________________________________________
# 13. Kanta Prashad v. Delhi Admn. AIR 1958 SC 350
_________________________________________
Apart from the ordinary rule laid down in the aforesaid decisions, certain exceptions to the
same have been carved out where identification of an accused for the first time in court
without there being any corroboration whatsoever can form the sole basis for his conviction.
_________________________________________
# 14. Budhsen [(1970) 2 SCC 128 : 1970 SCC (Cri) 343]
_________________________________________
There may, however, be exceptions to this general rule, when for example, the court is
impressed by a particular witness, on whose testimony it can safely rely, without such or
other corroboration.
_________________________________________
# 15. State of Maharashtra v. Sukhdev Singh [(1992) 3 SCC 700 : 1992 SCC (Cri) 705]
_________________________________________
If a witness had any particular reason to remember about the identity of an accused, in that
event, the case can be brought under the exception and upon solitary evidence of
identification of an accused in court for the first time, conviction can be based.
_________________________________________
# 16. Ronny [(1998) 3 SCC 625 : 1998 SCC (Cri) 859]
_________________________________________
Where the witness had a chance to interact with the accused or that in a case where the
witness had an opportunity to notice the distinctive features of the accused which lends
assurance to his testimony in court, the evidence of identification in court for the first time by
such a witness cannot be thrown away merely because no test identification parade was held.
In that case, the accused concerned had a talk with the identifying witnesses for about 7/8
minutes. In these circumstances, the conviction of the accused, on the basis of sworn
testimony of witnesses identifying for the first time in court without the same being
corroborated either by previous identification in the test identification parade or any other
evidence, was upheld by this Court.
_________________________________________
# 17. Rajesh Govind Jagesha[(1999) 8 SCC 428 : 1999 SCC (Cri) 1452]
_________________________________________
The absence of test identification parade may not be fatal if the accused is sufficiently
described in the complaint leaving no doubt in the mind of the court regarding his
involvement or is arrested on the spot immediately after the occurrence and in either
eventuality, the evidence of witnesses identifying the accused for the first time in court can
form the basis for conviction without the same being corroborated by any other evidence and,
accordingly, conviction of the accused was upheld by this Court.
_________________________________________
# 18. State of H.P. v. Lekh Raj [(2000) 1 SCC 247 : 2000 SCC (Cri) 147]
_________________________________________
Test identification is considered a safe rule of prudence to generally look for corroboration of
the sworn testimony of witnesses in court as to the identity of the accused who are strangers
to them. There may, however, be exceptions to this general rule, when, for example, the court
is impressed by a particular witness on whose testimony it can safely rely without such or
other corroboration.
_________________________________________
# 19. Ramanbhai Naranbhai Patel [(2000) 1 SCC 358 : 2000 SCC (Cri) 113]
_________________________________________
It cannot be held that in the absence of a test identification parade, the evidence of an
eyewitness identifying the accused would become inadmissible or totally useless. Whether
the evidence deserves any credence or not would always depend on the facts and
circumstances of each case.
_________________________________________
# 20. Kanan & Ors. v. State of Kerala, [1979] 3 SCC 319
_________________________________________
It is well settled that where a witness Identifies an accused who is not known to him in the
Court for the first time, his evidence is absolutely valueless unless there has been a previous
test identification parade to test his powers of observations. The idea of holding test
identification parade under Section 9 of the Evidence Act is to test the veracity of the witness
on the question of his capability to identify an unknown person whom the witness may have
seen only once.
The sum and substance of the various decisions referred to above and others on the same
lines is that the failure to hold a test identification parade is not fatal to the case of the
prosecution, but the Trial Judge will need to be circumspect in accepting the identification of
an accused by a witness in Court if the accused is a stranger to the witness.