Ram Babu Vs. State Of U.P On 19 April, 2010

Ram Babu
v.
State Of U.p

(Supreme Court Of India)

Criminal Appeal No. 475 Of 2008 With Criminal Appeal No. 550 Of 2008 | 19-04-2010

CRIMINAL & PREVENTIVE LAWS

Advocates List

For the Appellant Ashok Kr. Sharma, Avinash Kr. Jain, Advocates. For the Respondent Pramod Swarup, Senior Advocate (Ravinder Kr. Verma, Ms. Alaka Singha, Ameet Singh, Anuvrat Sharma, Advocates.

Bench List

HON'BLE MR. JUSTICE P. SATHASIVAM

HON'BLE MR. JUSTICE R.M. LODHA

Eq Citation

(2011) 1 GLR 154 (SC)

2010 (1) UC 674

[2010] SCR 771

(2010) 5 SCC 63

AIR 2010 SC 2143

2010 CRILJ 2856

2011 (1) RCR (CRIMINAL) 224

JT 2010 (4) SC 98

2010 (4) SCALE 126

AIR 2010 SCW 2898

(2010) 4 MLJ (CRL) 705

(2010) 46 OCR 403

LQ/SC/2010/410

HeadNote

Criminal Procedure Code, 1973 — Ss. 161 and 173 — Identification parade — Held, evidence with regard to test identification parade may be used by court for purpose of corroboration — In present case, appellants were identified by PWs 2, 3 and 9 in Court — Test identification parade was held on June 4, 1980 but explanation put forth by prosecution for this delay is that suspects (9 in number) including appellants were arrested on different dates and last of such arrest being of A-4 on May 29, 1980, test identification parade was held only thereafter — In facts and circumstances of case, explanation is acceptable and it cannot be said that test identification parade held on June 4, 1980 suffers from any undue and unexplained delay — Evidence Act, 1872, S. 9 Indian Penal Code, 1860, S. 395