1987 (11) TMI 390 - SC - Indian Laws

Summary

Issues Involved:
1. Correctness of the principles applied to test the identification evidence.
2. Credibility of the eye-witnesses' identification of the appellants.
3. Impact of the delay in conducting the test identification parade.
4. Reliability of the identification evidence in the context of the dacoity occurring at night.

Issue-wise Detailed Analysis:

1. Correctness of the principles applied to test the identification evidence:

The judgment scrutinizes the principles applied to test the identification evidence, focusing on whether the identification parade was conducted appropriately and whether the delay in conducting it affected its reliability. The Court emphasizes that the value of test identification depends on the promptitude in putting up the accused for identification. The delay of nearly four months in this case, with no explanation, detracts from the credibility of the test identification.

2. Credibility of the eye-witnesses' identification of the appellants:

The appellants argued that the eye-witnesses had prior familiarity with them, given their proximity to the crime scene and shared educational background. The Court noted that Kamla Prasad (PW 1) could reasonably be expected to have known some of the appellants, as they were residents of nearby villages and students of the same institution. The omission to disclose their identity in the FIR raised reasonable doubt about their complicity in the crime. The Court cited previous judgments, emphasizing that the identification of the accused by witnesses who had seen them before but did not name them in the FIR casts doubt on the prosecution's case.

3. Impact of the delay in conducting the test identification parade:

The Court highlighted that the unexplained delay of nearly four months in conducting the test identification parade significantly impacted its reliability. The Court referred to established legal principles, stating that the promptitude of the identification parade is crucial for its credibility. The delay in this case, without any justification, undermined the reliability of the identification evidence. The Court cited previous cases where delays in holding identification parades had led to acquittals, emphasizing that the benefit of such delays must go to the appellants.

4. Reliability of the identification evidence in the context of the dacoity occurring at night:

The Court emphasized the need for careful scrutiny of identification evidence in cases of crimes occurring in the darkness of the night. The Court noted that the emotional disturbance of the witnesses during the crime could distort their powers of perception, making their identification untrustworthy. The Court cited legal literature and previous judgments, highlighting the potential for errors in identification and the need for corroboration through test identification. The Court concluded that the identification evidence in this case lacked the requisite element of reassurance to support the conviction, given the delay and the circumstances of the crime.

Conclusion:

The appeals were allowed, and the conviction and sentence of the appellants were set aside due to the lack of promptitude in conducting the test identification parade and the resulting reasonable doubt about the reliability of the identification evidence. The Court also set aside the conviction and sentence of the non-appealing accused, Pheku Singh, as the findings were inter-dependent and inextricably integrated. The appellants and Pheku Singh were directed to be set at liberty forthwith.