Hari Swarup, J.

1. This reference has been occasioned because of different standards being applied to the testing of the veracity of identifying witnesses by different Judges of the Court. When the appeals came up for hearing before a learned single Judge, it was argued that the identification evidence of a witness who at the test identification parade commits even 33% mistake should be discarded as unreliable. Learned single Judge finding that different Judges had taken different views referred the following question of law for the opinion of the Division Bench :

"What should be the minimum percentage of correct identification which should be considered to be good identification ?"

2. In criminal cases where a miscreant is not identified by name, he may identified by the witnesses on the basis of his appearance or voice. In such a case he has to be identified by the witness in the court at the time he gives testimony. The authenticity of the evidence of the witness by which he points out a particular accused as the participant in the crime is normally tested by the court from his performance at the test identification parade held during the course of investigation. The cour