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quid pro quo, i.e., being a convenient witness, leaves a lurking suspicion. The
police did not involve him during the test identification parade; admittedly,
Manoj was in fact taken to him during the investigation. In these circumstances,
the testimony of this witness is not credible. This circumstance is therefore, held
not to be proved.
VI. Test Identification Parade of the accused
98.
The prosecution relied upon the testimonies of PW-10 and PW-18 (Pratap
Kumar Agasiya, Naib Tehsildar). Both deposed that PW-10 had correctly
identified Manoj and Rahul by specifically tapping their heads. According to
PW-18, both the accused were made to stand with 10 other persons resembling
them. The result of this identification memo i.e., the test identification parade
(“TIP”) proceedings were recorded as Ex. P38, where Manoj and Rahul were
identified by PW-10, and Ex. P40 where only Manoj was identified by PW-11
Raju Sen. Likewise, PW-18 deposed that in a separate proceeding recorded as
Ex. P39, PW-10 had identified Neha from amongst five other girls who had
similar physical features.
99.
The main argument against the TIP proceedings was that it was held after
an inordinate delay. The appellants were arrested on 22.06.2011 and remained in
custody till 30.06.2011. It was urged that no attempt was made to involve a
magistrate, to have their TIPs either at that time, or thereafter and that the TIP
was held only on 14.07.2011. Ex. P38, the TIP relating to Rahul and Manoj,
records the names of 10 other men who the accused were made to stand with,
anywhere as per their choice. Each person was covered with a blanket, upto
their neck. It records that no police personnel were present when the
proceedings took place, and the witness correctly identified the accused.
100. A popular and widely used method of accused identification, by witness,
in criminal trials, is the identification parade. TIP procedures are used, where
witnesses who claim to have seen the accused at, or about the time of
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