In a criminal investigation and trial, it is important to ensure that the person apprehended is the actual offender. Test identification parade is a method by which the investigation agency canbe sure that the investigation is proceeding in the right direction. The Supreme Court has observed that for a test identification parade, the eye witness should be shown a number of individuals to determine which one he saw. The witness should not be shown the photograph of the accused prior to the identification parade. Any distinctive marks in the accused like a mole or a birth mark should be covered with a paper or card and similar paper or card should be placed at the identical areas on the rest of the individuals standing in the parade.
In the case of Kanta Prasad v Delhi administration AIR 1958, the Supreme Court observed that the purpose of the test identification parade is to test the statement of the witness. When conducted during the time of investigation, it assures the investigating agency that the investigation is proceeding in the right direction. The court observed in the case of Sheikh Hasib v State of Bihar, that the test identification parade during investigation is held to minimize chances of memory fading due to long lapse of time. The importance of test identification parade was highlighted in Dana Yadav v State of Bihar AIR 2002 SC.
In Unni v State of Kerala (2012)11 SCALE, the court observed that the mere failure to hold test identification parade is not fatal to the case. In Ronald James Alwair v State of Maharashtra (1998)3 SCC, it observed that where the witness had interacted with the accused, absence of test identification parade does not damage the testimony if the witness identifies the accused in the court gir the first time.
Thus, the test identification parade is a means of ensuring that the investigation is proceeding in the right direction and also to verify the memory and testimony of the eye witness. Efforts need to be taken during it to ensure that the witness is not prejudiced against the accused and an innocent man is not identified as an accused. All precautions need to be taken to ensure the veracity of evidence.
In the case of Kanta Prasad v Delhi administration AIR 1958, the Supreme Court observed that the purpose of the test identification parade is to test the statement of the witness. When conducted during the time of investigation, it assures the investigating agency that the investigation is proceeding in the right direction. The court observed in the case of Sheikh Hasib v State of Bihar, that the test identification parade during investigation is held to minimize chances of memory fading due to long lapse of time. The importance of test identification parade was highlighted in Dana Yadav v State of Bihar AIR 2002 SC.
In Unni v State of Kerala (2012)11 SCALE, the court observed that the mere failure to hold test identification parade is not fatal to the case. In Ronald James Alwair v State of Maharashtra (1998)3 SCC, it observed that where the witness had interacted with the accused, absence of test identification parade does not damage the testimony if the witness identifies the accused in the court gir the first time.
Thus, the test identification parade is a means of ensuring that the investigation is proceeding in the right direction and also to verify the memory and testimony of the eye witness. Efforts need to be taken during it to ensure that the witness is not prejudiced against the accused and an innocent man is not identified as an accused. All precautions need to be taken to ensure the veracity of evidence.
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