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Test Identification Parade Can't Be Permitted After Lapse Of Several Years: Karnataka HC
Mustafa Plumber
29 Sep 2022 11:15 AM GMT
The Karnataka High Court has made it clear that Test Identification Parade is to ascertain the identity of accused persons and cannot be conducted after lapse of several years, as there is risk of the witnesses having lost proper memory.It thus set aside an order passed by the trial court permitting the investigating officer to conduct a TIP of an accused after 11 years of filing...
The Karnataka High Court has made it clear that Test Identification Parade is to ascertain the identity of accused persons and cannot be conducted after lapse of several years, as there is risk of the witnesses having lost proper memory.
It thus set aside an order passed by the trial court permitting the investigating officer to conduct a TIP of an accused after 11 years of filing of complaint.
"In the present case, the test identification parade was sought to be carried out by the investigating officer after a period of 11 years and after the registration of the complaint. Hence, I am of the considered opinion that after a period of 11 years, memory being very frail and the identification of the witnesses cannot be trusted. There is no purpose which would be served by carrying out the test identification parade after a lapse of 11 years. More so, when the fingerprints of the petitioner were found to be not matching with that found at the scene of occurrence."
A case against four accused was registered under the Immoral Traffic (Prevention) Act, 1956 back in 2006. Accused no. 1 Umesh Shetty S/o. Ponnappa was however absconding at the time. A proclamation against him was issued under Section 82 and 83 of CrPC and thereafter, the NBW was sought to be executed as against the Petitioner herein.
The petitioner informed the concerned officer that he is not Umesh Shetty S/o. Ponnappa but he is K. Umesh Shetty, S/o. Late Vittal Shetty, and as such, he is not the person named in the NBW. In that background, the prosecution filed an application for conducting a test identification parade in order to ascertain the identity of the petitioner.
The trial Court permitted the same. Hence, the instant case.
Justice Suraj Govindaraj observed that the purpose of the test identification parade is to ascertain the identity of a person, who is alleged to be the accused or who is the perpetrator of a crime. However, he added that it is required to be carried out "at the earliest" so that there is no failing memory or improper memory which can be attributed to the TIP.
Thus it held, "Looked at from any angle, the order passed by the trial Court does not serve any purpose."
Case Title: K. UMESH SHETTY v. STATE OF KARNATAKA
Case No: CRIMINAL PETITION NO. 8077 OF 2017
Citation: 2022 LiveLaw (Kar) 385
Date of Order: 14TH DAY OF SEPTEMBER, 2022
Appearance: C.H.JADHAV, SENIOR COUNSEL FOR M J ALVA.,ADVOCATE for petitioner; MAHESH SHETTY, HCGP for respondent
