HARI NATH AND ANR. ETC. versus STATE OF U.P.

HARI NATH AND ANR. ETC. versus STATE OF U.P.

Lack of promptitude in holding the test identification parade, with four months unexplained delay, and the omission to mention the names of accused in the FIR when prior familiarity was probable, causes serious doubt about the credibility of prosecution. The evidence of test identification lacks the requisite assurance; conviction and sentence cannot be sustained.

Parties
Appellant: Hari Nath; Appellant: Another appellant; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
06 November 1987
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court
Outcome
Appeals allowed
Legal Topics
Identification Evidence, Test Identification Parade, Delay in Identification Parade, Dacoity, Section 9 Evidence Act
Criminal Law Identification Evidence Test Identification Parade Delay in Identification Parade Dacoity Section 9 Evidence Act

Case Brief

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Parties

Hari Nath

Appellant

Another appellant

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether omission to mention the names of accused in the FIR raises doubt about their complicity
  2. 2 Whether delayed test identification parade after four months inspires confidence
  3. 3 Whether evidence of identification after long lapse of time is valid

Ratio Decidendi

Lack of promptitude in holding the test identification parade, with four months unexplained delay, and the omission to mention the names of accused in the FIR when prior familiarity was probable, causes serious doubt about the credibility of prosecution. The evidence of test identification lacks the requisite assurance; conviction and sentence cannot be sustained.

Court Disposition

Appeals allowed

Orders

  • Conviction and sentence of appellants set aside
  • Appellants directed to be set at liberty forthwith