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Head Note

Indian Penal Code,1860  - Section 376 (1)

Rape - Testimony of prosecutrix - Test Identification Parade - Non-holding of - Appellant was subjected to sexual intercourse during broad day light - Fact that she was so subjected at the time and in the manner stated by her, stands proved - Three witnesses had immediately come on the scene of occurrence and found that she was raped - Immediate reporting and the consequential medical examination further support her testimony - By very nature of the offence, the close proximity with the offender would have certainly afforded sufficient time to imprint upon her mind the identity of the offender - Appellant had gone to the extent of stating in her first reporting that she would be in a position to identify the offender and had given particulars regarding his identity - Clothes worn by the offender were identified by her when called upon to do so - There was nothing wrong or exceptional in identification by her of the accused in court - Her testimony found to be completely trustworthy and reliable.

The Indian Evidence Act, 1872  - Section 9

Test Identification Parade - Non-holding of - Identification first time in Court - Held that what is substantive evidence is the identification of an accused in court by a witness and that the prior identification in a test identification parade is used only to corroborate the identification in court - Holding of test identification parade is not the rule of law but rule of prudence - Normally identification of the accused in a test identification parade lends assurance so that the subsequent identification in court during trial could be safely relied upon - However, even in the absence of such test identification parade, the identification in court can in given circumstances be relied upon, if the witness is otherwise trustworthy and reliable.

Topic(s)-Rape - Test Identification Parade - Non-holding of - Conviction

Important Decision(s)- Test identification parade is not the rule of law but rule of prudence