Defect in Test Identification Parade:
The facts on record thus indicate with clarity that:
(a) There was no delay in holding the test identification parade and the delay, if any, was attributable to the fact that one of the accused was in judicial custody whose presence had to be secured only after appropriate permissions from the court;
(b) It is not the case of the accused that Accused No.6 was ever shown to any of the witnesses. The test identification parade of Accused No.6 has no infirmity on any count and all the witnesses consistently identified said Accused No.6;
(c) Out of five injured witnesses, two had completely denied that either the accused or their photographs were shown to the witnesses, while other three did accept the suggestion in that behalf; and
(d) All the witnesses were injured in the transaction with number of injuries. It can, therefore, safely be stated that every one of them had adequate and proper opportunity to observe the features of each of the accused.
What is important is the identification in Court and if such identification is otherwise found by the Court to be truthful and reliable, such substantive evidence can be relied upon by the Court. Considering the totality of circumstances on record, the presence and participation of the Accused Nos.1 to 6, in our view, stood proved through the eyewitness account. We do not find any infirmity in the evidence of identification by PWs 1 to 5.
Mystery of Law and Justice 