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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Balwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J. (Oral)
1. The present revision petition has been filed impugning the judgment dated 19.03.2008 passed by Additional Sessions Judge (Adhoc), Fast Track Court, Muktsar whereby the appeal filed against the judgment of conviction and order of sentence dated 28.04.2007 passed by Chief Judicial Magistrate, Muktsar has been dismissed.
2. The FIR in the present case came to be registered on 14.01.2002. The judgment of conviction was passed on 14.01.2002 by the Chief Judicial Magistrate, Muktsar. The Appeal filed against the order of conviction was dismissed on 19.03.2008 by the Additional Sessions Judge (Adhoc), Fast Track Court, Muktsar. The instant revision petition was filed on 21.05.2008 and has come up for final hearing now i.e. after a period of 22 years from the date of registration of the FIR.
3. The brief facts of the prosecution case are that on 14.01.2002, a police party headed by ASI Kulwant Rai of Police Station Bariwala was coming from village Sarainaga towards Village Warring in connection with checking the arrangements for the Maghi Mela. When the police party reached near the school, in the area of village Warring, it was about 12.30 p.m.. One
Negligence in driving leading to fatality can be established without a test identification parade if the identity is corroborated by credible witnesses.
The absence of a test identification parade does not invalidate court identification if corroborated by reliable evidence, and minor inconsistencies in witness statements do not undermine the prosecu....
Acquittal in revision as driver and vehicle identity unproved: no initial registration details, color mismatch, absent test identification parade, unreliable dock identification by strangers, hearsay....
Purpose of a prior test identification is to test and strengthen trustworthiness of that evidence.
Dock identification by stranger witness without Test Identification Parade is unreliable for proving accused's identity as driver, absent investigating officer's explanation of apprehension and vehic....
The judgment highlights that testimony inconsistencies and delay in trial can influence sentencing in criminal negligence cases.
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