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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether delay in holding the Test Identification Parade affects the reliability of witness identification
- 2 Whether sole identification by one witness is sufficient for conviction under Section 396 IPC
- 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
Full Case Text
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