Case Note & Summary
The case involved a criminal appeal under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) by two appellants against their conviction and life imprisonment for murder and related charges. The incident occurred on December 7, 1992, during communal riots, where Head Constable Khopkar was attacked and killed by a mob. The prosecution relied on eyewitness accounts from two police constables who identified the appellants in court, as well as identification parades conducted by Special Executive Magistrates. However, the Designated Court found that the identification parade was flawed due to the possibility that the suspects had been shown to the witnesses beforehand, which undermined the reliability of their identification in court. The Supreme Court, upon reviewing the case, noted that the conviction was based on unreliable evidence and that the identification in court lost its value due to the prior exposure of the witnesses to the suspects. Consequently, the Supreme Court acquitted the appellants, set aside the lower court's judgment, and ordered their immediate release.
Headnote
A) Criminal Law - Identification Parade - Reliability of Eyewitness Identification - Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(2)(i) - The Designated Court rejected the identification parade evidence due to the possibility of the suspects being shown to the witnesses prior to the parade, leading to the conclusion that the identification in court was unreliable. The Supreme Court held that the conviction based solely on such unreliable identification evidence was erroneous and resulted in a failure of justice. (Paras 1-5)
Issue of Consideration
Whether the appellants could be convicted based on eyewitness identification after the Designated Court rejected the identification parade evidence.
Final Decision
The Supreme Court set aside the judgment and order of the Designated Court, acquitting the appellants of all charges and ordering their immediate release.
Law Points
- Identification parade
- Evidence Act
- Conviction standards
- TADA provisions
- Eyewitness reliability
