D. GOPALAKRISHNAN versus SADANAND NAIK AND ORS.

D. GOPALAKRISHNAN versus SADANAND NAIK AND ORS.

The procedure adopted by police in showing witnesses an album containing photographs of the accused with names written underneath during investigation is unjustified and may vitiate fair and proper identification. In this case, the witnesses had no previous acquaintance and did not describe identifying features; thus, the High Court's acquittal is not fit for interference.

Parties
Appellant: D. Gopalakrishnan; Respondents: Sadanand Naik and Ors.
Jurisdiction
India
Judgment Date
15 October 2004
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From Bombay High Court Acquittal
Outcome
Appeal dismissed
Legal Topics
Identification of Accused, Investigation Procedure, Acquittal
Criminal Law Identification of Accused Investigation Procedure Acquittal

Case Brief

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Parties

D. Gopalakrishnan

Appellant

Sadanand Naik and Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From Bombay High Court Acquittal

Legal Issues

  1. 1 Whether police procedure of showing witnesses photographs with names during investigation vitiates identification and trial
  2. 2 Whether acquittal of accused by High Court was justified

Ratio Decidendi

The procedure adopted by police in showing witnesses an album containing photographs of the accused with names written underneath during investigation is unjustified and may vitiate fair and proper identification. In this case, the witnesses had no previous acquaintance and did not describe identifying features; thus, the High Court's acquittal is not fit for interference.

Court Disposition

Appeal dismissed

Orders

  • The criminal appeals are without merit and are dismissed.