PRAMOD MANDAL versus STATE OF BIHAR

PRAMOD MANDAL versus STATE OF BIHAR

No reason to doubt genuineness of Test Identification Parade or veracity of witnesses; evidence of sole identifying witness (PW-4) is credible and corroborated; delay in holding parade not fatal since no motive or irregularity is established; conviction upheld under Section 396 IPC.

Parties
Appellant: Pramod Mandal; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
17 September 2004
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal Against High Court Conviction
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Dacoity, Murder, Test Identification Parade, Evidence, Witness Identification

Case Brief

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Parties

Pramod Mandal

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal Against High Court Conviction

  1. 1 Whether delay in holding the Test Identification Parade affects the reliability of witness identification
  2. 2 Whether sole identification by one witness is sufficient for conviction under Section 396 IPC
  3. 3 Whether there was sufficient light for identification during the occurrence

Ratio Decidendi

No reason to doubt genuineness of Test Identification Parade or veracity of witnesses; evidence of sole identifying witness (PW-4) is credible and corroborated; delay in holding parade not fatal since no motive or irregularity is established; conviction upheld under Section 396 IPC.

Court Disposition

Appeal dismissed; conviction upheld

Orders

  • Appeal dismissed
  • Conviction under Section 396 IPC upheld