In Absence Of Proper Identification Parade Being Conducted, Identification For First Time In Court Can’t Be said To...
"In the absence of a proper identification parade being conducted, identification for the first time in court cannot be said to be reliable or conclusive.”
Explanation:
Identification Parade (or Test Identification Parade) is a crucial step in the criminal investigation process, especially in cases where eyewitness testimony or recognition of the accused is involved.
Why is an Identification Parade Important?
Ensures Fairness:
It allows witnesses to identify the accused from among several persons (often similar in appearance), reducing the chance of mistaken identity.
Reduces Mistaken Identification:
Human memory is fallible. Identification made on the spur of the moment or in court for the first time may be unreliable due to stress, suggestion, or other factors.
Prevents Miscarriage of Justice:
An identification parade conducted by the police before the trial provides a controlled environment, reducing chances of coercion or suggestion.
Supports Corroboration:
The parade evidence helps corroborate the witness’s testimony during trial, adding to the weight of identification.
Identification for the First Time in Court — Why is it Problematic?
No Prior Opportunity to Identify:
Witnesses who identify the accused for the first time in court have no previous controlled opportunity to observe and identify the accused.
Risk of Contamination:
By the time of the court hearing, witnesses may have formed an opinion or been influenced by media, public opinion, or other factors.
Possibility of Mistake:
The court identification is made in an unfamiliar environment and under pressure, increasing the risk of error.
No Comparative Assessment:
Unlike a parade where multiple persons are shown, the court identification is usually just a single person (the accused), increasing the risk of misidentification.
Legal Position & Case Laws:
1. Rattan Singh vs. State of Punjab, AIR 1969 SC 94
The Supreme Court held that identification of accused for the first time in court is not reliable unless it is supported by other evidence.
The Court emphasized that if there is no test identification parade conducted, the court must scrutinize the evidence of identification in court very carefully.
Identification in court without a prior parade or some opportunity to identify the accused earlier is not sufficient on its own to convict.
2. Mohd. Ajmal Amir Kasab vs. Union of India, (2012) 9 SCC 1
In this famous case, the Supreme Court stressed the importance of identification and appreciated the role of test identification parade as an investigative tool.
While the court accepted court identification due to exceptional circumstances, it reiterated that test identification parade is the best method to establish identity.
3. State of Maharashtra vs. Kanhaiyalal Laxminarayan Shukla, AIR 1965 SC 1576
The Court pointed out that identification parade conducted properly is the best safeguard against wrongful conviction based on mistaken identity.
If a parade is not conducted, or conducted improperly, identification evidence should be treated with caution.
4. Kuldeep Singh vs. State of Haryana, AIR 2000 SC 1676
The Supreme Court held that failure to conduct an identification parade is not fatal to the prosecution if the court is satisfied about the correctness of the identification.
However, where identification is made for the first time in court, especially in serious offenses, the court must be very careful and look for corroboration.
Summary:
Identification parade is an essential investigative step to avoid mistaken identity.
First-time identification in court is generally considered weak and requires corroboration.
Courts scrutinize identification evidence carefully if no parade is conducted.
The absence of an identification parade does not automatically result in acquittal but calls for cautious appreciation of evidence.
Proper conduct of identification parade is considered a safeguard against miscarriage of justice.
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