Motilal Yadav Vs. State of Bihar
|
Head Note
Indian Penal Code,1860 - Section 364-A , Section 34 , Section 120-B , The Indian Evidence Act, 1872 - Section 9
Plea that that no test identification parade in the present case was held hence identification in Court for the first time in Court raises doubt of identity of the accused repelled - Held that testimony of PW-3-father of the kidnapped child is natural as he explained in what manner he reached Haldwani, and he had enough time to identify the accused who accompanied him to the persons who took money from him whereafter the victim was released - Not holding of test identification parade in the present case is not fatal for the prosecution - Appeal liable to be dismissed.
Topic(s)-Kidnapping for ransom - Test Identification Parade- Conviction