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2009 Supreme(SC) 726

Supreme Court of India
THE HONOURABLE DR. JUSTICE ARIJIT PASAYAT & THE HONOURABLE MR. JUSTICE ASOK KUMAR GANGULY
State of Andhra Pradesh - Appellant
Versus
Sayyaad Siraj Mohammed & Others - Respondent
Criminal Appeal Nos. 1030-1031 of 2003
Decided On:: 15-04-2009

Advocates appeared:
For the Respondents:Annam D.N. Rao, D. Bhrathi Reddy, Advocates.

Headnote:Criminal trial – Test Identification Parade – Accused shown to the witness before the TI Parade – Purpose of holding TI parade defeated – Prosecution case adversely affected. (Para 1)

       Criminal trial – Acquittal by High Court – This being one possible view, no interference is warranted. (Para 1)

Judgment:

Dr. Arijit Pasayat, J.

Having heard learned counsel for the appellant-State and learned counsel for the respondents, we are not inclined to interfere with the order passed by the Andhra Pradesh High Court directing acquittal of the respondents. The High Court has noted that before the test identification parade was conducted on 20.3.1991, the witness (PW1) was taken to the central jail where the accused persons were shown to him. That being so, there was really no purpose in holding test identification parade. The High Court rightly disbelieved the prosecution version and directed acquittal of the respondents. In any event, this is a possible view and therefore no interference is called for. The appeals fail. The bail bonds executed for giving effect to the order of bail dated 13.10.2003 shall stand discharged.

The appeals are dismissed.

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