STATE OF A.P. versus SAYYAAD SIRAJ MOHAMMED & ORS.

STATE OF A.P. versus SAYYAAD SIRAJ MOHAMMED & ORS.

When the witness was taken to jail and shown the accused prior to the test identification parade, the evidentiary value of the identification is lost, and the High Court was correct in directing acquittal.

Parties
Appellant: State of Andhra Pradesh; Respondents: Sayyaad Siraj Mohammed & Ors.
Jurisdiction
India
Judgment Date
15 April 2009
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From Acquittal by High Court
Outcome
Appeals dismissed
Legal Topics
Test Identification Parade, Acquittal, Evidentiary Value
Criminal Law Evidence Test Identification Parade Acquittal Evidentiary Value

Case Brief

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Parties

State of Andhra Pradesh

Appellant

Sayyaad Siraj Mohammed & Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From Acquittal by High Court

Legal Issues

  1. 1 Whether test identification parade has evidentiary value when witness had seen accused in jail prior to parade

Ratio Decidendi

When the witness was taken to jail and shown the accused prior to the test identification parade, the evidentiary value of the identification is lost, and the High Court was correct in directing acquittal.

Court Disposition

Appeals dismissed

Orders

  • The appeals are dismissed.
  • Bail bonds executed for effect to the order of bail dated 13.10.2003 shall stand discharged.