SHAIKH UMAR AHMED SHAIKH AND ANR. versus STATE OF MAHARASHTRA

When the accused have been shown to witnesses before identification parade, subsequent identification in court by those witnesses is meaningless and cannot be relied upon for conviction.

Parties: Appellant: Shaikh Umar Ahmed Shaikh; Appellant: Mohd Nairn Mohd. Yasin Qureshi; Respondent: State of Maharashtra
Jurisdiction: India
Judgment Date: 28 April 1998
Procedural Posture: Criminal Appeal / Final Appellate Judgment
Outcome: appeal allowed
Legal Topics: Identification Parade, Evidentiary Value, TADA, Indian Penal Code, Police Procedure

Criminal Law Identification Parade Evidentiary Value TADA Indian Penal Code Police Procedure

Case Brief

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Shaikh Umar Ahmed Shaikh

Appellant

Mohd Nairn Mohd. Yasin Qureshi

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

1 Whether conviction can be based on in-court identification when identification parade evidence was rejected due to possibility of accused being shown to witnesses

Ratio Decidendi

When the accused have been shown to witnesses before identification parade, subsequent identification in court by those witnesses is meaningless and cannot be relied upon for conviction.

Court Disposition

appeal allowed

Orders

Judgment and order dated 14.10.1997 convicting appellants set aside
Appellants acquitted of charges