Supreme Court · 1999 INSC 65 · Decided 16 February 1999
Vijayan@ Rajan v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 1999 INSC 65 · [1999] 1 S.C.R. 659
- Case number
- CRIMINAL APPEAL No. 43/1992
- Decided
- 16 February 1999
- Bench
- G.B. PATTANAIK, S. RAJENDRA BABU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120, 302; Evidence Act Section 9, 27
Headnote
B Evidence Act, 1872: Section 9. Test Identification Parade-Found not acceptable--Evidentiary value of-Held, identification of accused in court after many years of occunmce c cannot be accepted-Further, it is impossible to remember the face of the accused by the witness for the purpose of Test Identification Parade-Photograph of accused shown to witness · and also printed in all local newspapers-Held, in the circumstances, test D .. identification parade rightly not relied on by trial court-Further, a witness seeing an unknown man running away cannot identify him at a
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