[2009] 6 S.C.R. 260
..
A
STATE OF AP.
v.
SAYYAAD SIRAJ MOHAMMED & ORS.
(Criminal Appeal No. 1030-1031/2003)
B
APRIL 15, 2009
[DR. ARIJIT PASAYAT AND ASOK KUMAR
GANG UL Y, JJ.]
Evidence - Test identification parade - Evidentiary value
c of- When before test identification parade conducted, witness
taken to jail and accused persons shown to him - Held: There
is no purpose in holding test identification parade - High Court
right rejecting the prosecution case and acquitting the
accused - Thus, order of High Court does not call for
D interference.
..
CRIMINAL APP ELLA TE JURISDICTION : Criminal Appeal
No.1030-1031 of 2003.
From the Judgment & Order dated 14.04.2002 of the High
E Court of Judicature of Andhra Pradesh at Hyderabad in
Criminal Appeal Nos. 1415 of 1997 and 1698 of 1997 ..
I. Venkatanarayana, Manoj Saxena, Rajnish Kumar Singh,
Rahul Shukla and T.V. George for the Appellant.
'
F
Annam D.N. Rao, D. Bhrathi Reddy for the Respondents.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Having heard learned
G counsel for the appellant-State and learned counsel for the
respondents, we are not inclined to interfere with the order
passed by the Andhra Pradesh High Court directing acuqittal
of the respondents. The High Court has noted that before the
test identification parade was conducted on 20.3.1991, the
H
260
'
1
STATE OF AP. v. SAYYAAD SIRAJ MOHAMMED & 261
ORS. [DR. ARIJIT PASAYAT, J.]
· ..
witness (PW1) was taken to the central jail where the accused
A
persons were shown to him. That being so, there was really no
purpose in holding test identification parade. The High Court
rightly disbelived the prosecution version and directed acquittal
of the respondents. In any event, this is a possible view and
therefore no interference is called for. The appeals fail. The bail
B
bonds executed for giving effect to the order of bail dated
13.10.2003 shall stand discharged.
The appeals are dismissed.
N.J.
Appeals dismissed.
C
Lex