AI Overview...
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Identification by Father of Deceased - Multiple sources confirm that the father of the deceased identified the body or articles belonging to the deceased based on clothing, tattoos, or appearance, especially when no special distinguishing marks were available. For example, in sources Ansar Pasha VS State - Crimes, Ansar Pasha and Anr. VS State - Andhra Pradesh, and Ankit Chaudhary @ Fauzi VS State (Govt. of NCT of Delhi) - Delhi, the father identified the body or clothes worn by the deceased, sometimes relying on clothing or body features like tattoos. However, there are instances where identification was questioned due to lack of reliance on recovered articles or proper procedures (Mahesh VS State of Rajasthan - Rajasthan, State by Yelahanka Police Station VS K. Narayana Reddy S/o Kanchireddy - Karnataka).
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Identification in Court and Police Procedures - Several cases highlight that identification was conducted either at police stations or through test identification parades, with witnesses including the father providing positive identification (Ansar Pasha VS State - Crimes, Ansar Pasha and Anr. VS State - Andhra Pradesh, Ankit Chaudhary @ Fauzi VS State (Govt. of NCT of Delhi) - Delhi, Anju Bala VS State of Rajasthan - Crimes). The credibility of such identification often depends on adherence to proper legal procedures, which is sometimes lacking, as noted in Mahesh VS State of Rajasthan - Rajasthan.
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Circumstantial Evidence and Other Identifications - In some cases, identification by relatives or witnesses was supported by circumstantial evidence, such as diary notes or clothing recovered from suspects, but the sufficiency of proof varied (AJAY MISHRA VS STATE - Uttarakhand, Anju Bala VS State of Rajasthan - Crimes). For example, in AJAY MISHRA VS STATE - Uttarakhand, a diary note signed by the accused and deceased was used as evidence, while in Anju Bala VS State of Rajasthan - Crimes, identification of articles in police custody was deemed insufficient without proper formal procedures.
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Additional Identification Methods - Visual identification based on clothing, tattoos, or body features by family members, particularly the father, was a common method. The identification was sometimes corroborated by witnesses during test identification parades or at police stations, but procedural lapses could undermine reliability (Narender Singh VS State NCT of Delhi - Delhi, State Of U. P. : Ashok Kumar: Mahesh Narain VS Bal Kishan Das: State Of U. P. : State Of U. P - Supreme Court).
Analysis and Conclusion:
The main method of identifying the deceased or their belongings involved the father’s recognition based on clothing, tattoos, or bodily features, often supplemented by witnesses during test identification parades. While such identification is generally accepted, its reliability hinges on adherence to proper legal procedures. Cases where identification was made solely at police stations or based on circumstantial evidence without proper procedures faced scrutiny. Overall, the father’s identification played a crucial role in establishing the identity of the deceased across multiple cases, but procedural lapses could affect its evidentiary weight.
Search Results for "These were Identified by Father of the Deceased as that of the Deceased"
• India - Crimes
S.R.BANNURMATH, M.F.SALDANHA
of deceased identified that of deceased in absence of special distinguishing or identifying mark could be said belonged to deceased ... from house of A-l but no reliance could be placed on them as those were never posted Recovery of a shirt from house of A-l which father ... in company of Child came on 29-1-1993 and were seen together for next two days - Test identification parade in which witnesses identified ... PW 10 the father of Zeeshan has identified#H....
2000 0 Supreme(AP) 208 • India - Andhra Pradesh
S.R.BANNURMATH, M.F.SALDANHA
of deceased identified that of deceased in absence of special distinguishing or identifying mark could be said belonged to deceased ... from house of A-l but no reliance could be placed on them as those were never posted Recovery of a shirt from house of A-l which father ... in company of Child came on 29-1-1993 and were seen together for next two days - Test identification parade in which witnesses identified ... PW 10 the father of Zeeshan has identified#H....
2021 0 Supreme(Del) 618 • India - Delhi
MUKTA GUPTA
by anybody - Even father of deceased stated that he identified the body from clothes worn by deceased - Location of petitioner based ... Finding of the Court : It is thus evident that three witnesses have clearly identified two petitioners with ... other accused who were present at spot and were looking at IDs of each and every person and on being identified from other religion ... Even the father of the deceased stated that he identified#....
2017 0 Supreme(Raj) 2515 • India - Rajasthan
AJAY RASTOGI, KANWALJIT SINGH AHLUWALIA
in court Kala husband of deceased and father-in-law of deceased have not identified articles - Even Jeweler from whom jeweler were ... purchased has not identified same - Therefore it was incumbent for prosecution to prove that articles of jeweler recovered from ... accused were same articles which deceased was wearing - So far recovery of clothes from accused is concerned that shall also pale ... Silver articles were not mixed with similar articles and they were not identifi....
2009 0 Supreme(UK) 190 • India - Uttarakhand
PRAFULLA C.PANT, B.S.VERMA
to usurp her property — A note from the diary of the accused signed both by accused and deceased as identified by P.W. ... to have been committed by accused-husband — A note left by deceased against her own father and her in-laws blaming them for attempt ... -father of the deceased — Such note indicating that both of them had planned to commit suicide also creating reasonable doubt about ... Kohli, to whom the Hotel Staff and accused took Ashima Bala (deceased) and wh....
• India - Crimes
K.C.SHARMA, S.K.SHARMA
of deceased - Accused and articles of deceased were got identified in police station and not before Magistrate - No investigation ... Indian Penal Code 1860 Sections 302/34 - Appellants convicted under - Prosecution case based on circumstantial evidence Deceased, ... stepmother and son and their husband/father left Jammu with appellants, on 11-6-1997 for puja in a temple in Dholpur in Rajasthan ... A pair of sandle allegedly belonging to the deceased Trupti was also not got i....
2014 0 Supreme(Del) 1999 • India - Delhi
PRADEEP NANDRAJOG, MUKTA GUPTA
was missing - Dead body found in a drain - Complainant and father of the deceased correctly identified the case property - Witness ... Act, 1872 - Section 106, 114 - Penal Code, 1860 - Section 34, 302, 364, 392 - Kidnapping - Murder - Recovery - TIP - Conviction - Deceased ... - Onus has not been discharged - Held, prosecution has proved the offence of kidnapping and murder of the deceased - Judgment of ... Further PW-24 SI Sudama admitted that while going for the Test Identification Parade of the mobil....
2018 0 Supreme(Kar) 422 • India - Karnataka
BUDIHAL R.B., K.S.MUDAGAL
, not proved with acceptable evidence - While, father of deceased identified the body as that of his son, on basis of tattoo marks ... on motorbike), the materials show that is was seized at some other place, along with other articles - Complaint was filed by father ... on the body - Doctor, in her post-mortem report has deposed that she cannot say whether the stab injuries on the body of deceased ... Sofar as the identity of the deceased is concerned, he drawn our attention to the evi....
1997 1 Supreme 189 • India - Supreme Court
M.K.MUKHERJEE, S.P.KURDUKAR
identified by her sister-Identity of dead body having been established-Prosecution of father in law, brother-in-law of deceased ... and cousin based on circumstantial evidence-Deceased was in her matrimonial home-Both father in law and brother in law were also ... for offence u/ss 120B r/ws 302 and 201-Cousin of husband of deceased prosecuted u/s 201-Convictions recorded against brother in law ... Malti Devi and her father Shri Kela (P.W.35) reached the New Delhi Rail....
• India - Crimes
K.JAYACHANDRA REDDY, G.N.RAY
of the deceased and brothers of deceased at the place not doubted - They have identified the appellant and co-accused - Description ... The presence of Dewan Singh, the father of the deceased Navraj, Rohtas himself an injured witness and the brother of the deceased ... They have all identified the appellant and the co-accused and have stated that they had committed the crime. ... The presence of Dewan Singh, the father of the deceased#HL_EN....
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