JADUNATH SINGH & ANR. versus STATE OF U.P.

JADUNATH SINGH & ANR. versus STATE OF U.P.

The trial was not vitiated for the failure to hold a test identification parade because, on facts, at least one eyewitness had clear prior knowledge of the accused, and this was not challenged by cross-examination. In absence of evidence that eyewitnesses did not know the accused, denial of identification parade did not render the conviction unsound.

Parties
Appellant: Jadunath Singh; Appellant: Girand Singh; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
07 December 1970
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal dismissed.
Legal Topics
Test Identification Parade, Identification of Accused, Section 9 Evidence Act, Section 302/34 Indian Penal Code
Criminal Law Evidence Test Identification Parade Identification of Accused Section 9 Evidence Act Section 302/34 Indian Penal Code

Case Brief

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Parties

Jadunath Singh

Appellant

Girand Singh

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether refusal to hold a test identification parade vitiates the trial where accused claim not to be known to eyewitnesses.
  2. 2 Whether the conviction is sustainable in absence of a test identification parade, particularly where eyewitnesses claim pre-existing knowledge of accused.

Ratio Decidendi

The trial was not vitiated for the failure to hold a test identification parade because, on facts, at least one eyewitness had clear prior knowledge of the accused, and this was not challenged by cross-examination. In absence of evidence that eyewitnesses did not know the accused, denial of identification parade did not render the conviction unsound.

Court Disposition

Appeal dismissed.

Orders

  • Conviction and sentences by Sessions Judge and affirmed by High Court stand confirmed.