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appropriate cases it may accept the evidence of identification even without
insisting on corroboration (see Kanta Prashad v Delhi Administration AIR
1958 SC 350); Valkuntam Chandrappa & Ors v State of Andhra Pradesh AIR
1960 SC 1340; Budhsen & Anor v State of UP AIR 1970 SC 1321 and
Rameshwar Singh v State of Jammu and Kashmir [1971] 2 SCC 715.
(Emphasis added.)
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[34]In Vaikuntam Chandrappa v State of AP [1960] Cri LJ 1681, Wanchoo J
said:
It is also true that the substantive evidence is the statement in court; but
the purpose of test identification is to test that evidence and the safe rule
is that the sworn testimony of witnesses in court as to the identity of the
accused who are strangers to the witnesses, generally speaking, requires
corroboration which should be in the form of an earlier identification
proceeding. There may be exception to this rule where the court is satisfied
that the evidence of a particular witness is such that it can safely rely on it
without the precaution of an earlier identification proceeding. (Emphasis
added.)
[35]So, it cannot be laid down as a rule of law that without identification
parade, the evidence of a witness in a trial is not worthy of consideration.
Indeed, to hold that an identification parade, must, in all circumstances, be
conducted in order to sustain a conviction would be too stringent. This was
made clear in the judgment of the Federal Court in Arumugam s/o
Muthusamy v Public Prosecutor [1998] 3 MLJ 73; [1998] 3 AMR 2293;
[1998] 3 CLJ 597.
[39]Commenting on the Turnbull guidelines, the Privy Council said in
Nembhard (Neville) v The Queen (1982) 74 Cr App R 144:
Turnbull does not purport to change the law: It provides a most valuable
analysis of the various circumstances which common sense suggest or experience
has shown may affect the reliability of a witness’s evidence of identification
and make it too dangerous in some of the circumstances postulated to
base a conviction on such evidence unless it is supported by other
evidence that points to the defendant’s guilt. Turnbull sets out what the
judgment itself described as ‘guidelines for trial judges’ who are obliged to
direct juries in such cases. (Emphasis added.)
[40]The Turnbull guidelines had been accepted in Malaysia (see Rangapula &
Anor v Public Prosecutor [1982] 1 MLJ 91; Dato Mokhtar bin Hashim &
Anor v Public Prosecutor [1983] 2 MLJ 232; Yau Heng Fang v Public
Prosecutor [1985] 2 MLJ 335 and Arumugam s/o Muthusamy v Public
Prosecutor. On the application of the Turnbull guidelines to the local cases,
this court in Tan Kim Hoo v Public Prosecutor (and another appeal) [2007]
5 AMR 557; [2007] 6 CLJ 557 adopted and applied the following passage
in the judgment of Karthigesu JA in Heng Aik Ren Thomas v Public
Prosecutor [1998] 3 SLR 465 at pp 475–476:
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