Conviction reversed due to non-holding of TI parade along with absence of motive and any connection with recovered articles, On facts, in a brutal murder of a teenager girl allegedly by the main accused and co-accused, conviction and sentence u/s. 302/34, ss. 449, 404 and 201 r/w 302 IPC – Appeal by the co-accused, wherein the High Court upheld the conviction and sentence, in absence of TIP, where accused is a stranger to a witness and there was dock identification made by witness in court during trial
[P. Sasikumar v. State of T.N., (2024) 8 SCC 600]
Case Comment
It is well settled that TI parade is a part of investigation and it is not a substantive evidence. The question of holding TI parade arises when the accused is not known to the witness earlier. The identification by a witness of the accused in the Court who has for the first time seen the accused in the incident of offence is a weak piece of evidence especially when there is a large time gap between the date of the incident and the date of recording of his evidence. In such a case, TI parade may make the identification of the accused by the witness before the Court trustworthy. Held that the identity of the present appellant is in doubt. The appellant could not have been convicted on the basis of a very doubtful evidence as to the appellant’s identity hence discharged.
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