Supreme Court of India

STATE OF A.P.versusSAYYAAD SIRAJ MOHAMMED & ORS.

Citation: 2009 INSC 515
Decided: 15 April 2009
Disposal: Dismissed
Bench: ARIJIT PASAYAT

Holding

A test identification parade holds no evidentiary purpose if the witness has already been shown the accused, and the High Court’s acquittal stands.

Summary

The State of Andhra Pradesh appealed the acquittal of Sayyad Siraj Mohammed and others, arguing that the prosecution’s evidence was sufficient. The High Court had observed that the sole eyewitness (PW1) had been taken to the central jail and shown the accused before a test identification parade was conducted on 20 March 1991, rendering the parade purposeless. Consequently, the High Court disbelieved the prosecution’s version and acquitted the respondents. The Supreme Court upheld this reasoning, holding that a test identification parade has no evidentiary value when the witness has already seen the accused, and therefore there was no ground to interfere with the High Court’s order. The appeals were dismissed and the bail bonds were discharged.

Issues considered

Whether a test identification parade is necessary when the witness has already seen the accused in custody.
Whether the prosecution’s evidence remains reliable after such a parade.
Whether the High Court’s acquittal should be set aside on these grounds.

Subjects

test identification paradeidentification evidenceevidentiary valueacquittalcriminal procedureIndian Evidence Act

Judgment

                        [2009] 6 S.C.R. 260
                                                                             ..
A                        STATE OF AP.
                                v.
              SAYYAAD SIRAJ MOHAMMED & ORS.
              (Criminal Appeal No. 1030-1031/2003)
                          APRIL 15, 2009
B
           [DR. ARIJIT PASAYAT AND ASOK KUMAR
                        GANG ULY, 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 ELLATE 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
         STATE OF AP. v. SAYYAAD SIRAJ MOHAMMED & 261
                 ORS. [DR. ARIJIT PASAYAT, J.]
'   1                                                                    · ..
        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

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