TEST IDENTIFICATION PARADE: A CRITICAL ANALYSIS IN INDIA PRACTICE

Abstract

Test identification parade is used as a means to examine the truthfulness of the witness and his ability to identify unknown persons. The test is generally not necessary to identify the accused if all the witness knows the accused and can recognise the accused in moonlight and lantern.i Test identification parade is a useful tool in the investigation and with the right procedure it can be accepted as evidence in the court of law as corroborative, the purpose is primarily to test and strengthen the existing substantial evidence of the witness in court. If the witness cannot name the accused and can only identify him on the basis of his physical appearance then the Test cannot be taken into consideration as held in the case of Ahmad bin Salam v State of Andhra Pradeshii, In this case the witness could recognise the person who attacked the deceased while they were all lined up. The corroborative value of test identification parade is absolute and its use of test of identification parade as substantial evidence is obsolete, the test identification has only corroborative value as evidence. As explained more detailed manner in the cases section of the paper, in the case of State of Himachal Pradesh vs Lekh raj it was mentioned that "Test identification is considered a safe principle of judiciousness for authentication of the sworn testimony of various evidentiary value people appearing as witnesses in court with regards to the character of the accused. There may anyway be special cases to this general principle when for instance the court is intrigued by a specific observer on whose testimony it can securely depend without such or other corroboration.