NAVIN SINHA, R. SUBHASH REDDY
Umesh Chandra – Appellant
Versus
State of Uttarakhand – Respondent
Question 1? Question 2? Question 3?
Key Points: - The validity of test identification parade (TIP) must be proven to have been held in accordance with law; TIP is not substantive evidence but corroborative (!) (!) . - Prosecution failed to establish that the TIP was conducted properly; Magistrate conducted TIP but not examined, and no explanation for absence of examination; TIP details and proceedings not properly proven (!) . - Repeated TIPs and identification by a minor (PW-2, about 13 years old) undermine reliability; TIP held in a manner that is non est in law; acquittals under Section 412 IPC and Arms Act affirmed due to invalid TIP (!) (!) (!) . - Original seizure memo not produced; casual police investigation and lack of corroborating substantive evidence led to acquittals; TIP cannot sole basis for conviction (!) (!) . - Court held that TIP is not substantive evidence and upheld that the appellants be released; appeals allowed (!) . - The case notes that identification by PW-2 in later rounds does not salvage integrity of TIP; reliance on TIP with minor identification is unreliable (!) (!) . - There is a finding of "non est in the law" TIP and condemnation of the police investigation’s casual nature (!) (!) . - The decision references similar concern as in Iqbal and Another v. State of Uttar Pradesh (2015) 6 SCC 623 (!) . - Final outcome: appeals allowed; appellants released forthwith unless needed in other cases (!) . - The FIR was registered against unknown persons; primary witnesses were PW-1 (mother) and PW-2 (son) (!) .
ORDER :
1. Leave granted.
2. The four appellants stand convicted under Sections 395 and 397, IPC having been sentenced to seven years with a default stipulation.
3. A dacoity took place on 28.08.1992 at about 7.30 p.m. in the house of the informant Hukumchand. Seven accused intruded and looted cash and jewelry while the family was watching television along with a neighbour Rajendra, and fled away. The FIR was lodged by Hukumchand at 8.30 p.m. At about 10.30 p.m. in the night, the appellants are stated to have been apprehended at the police check post travelling in a Maruti van. They are stated to have confessed having committed dacoity at the house of Hukumchand and to have looted cash and jewelry which were recovered from them along with weapons on their person. During the pendency of the trial the informant Hukumchand and Rajendra have been deceased. The primary witnesses are PW-1, the wife of Hukumchand and PW-2 the son of Hukumchand who was about 13 years of age at the time of occurrence.
4. The appellants are stated to have been identified in a test identification parade (TIP) and on the basis of which their conviction has followed. The recovery not having been proved as the origi
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