Case Note & Summary
The case arises from a protest on 12 July 2000 against the State of Kerala's decision to delink pre-degree courses from colleges. The next day, a mob of about 1500 protestors, allegedly including the appellants, caused damage to 81 KSRTC buses and led to the death of a bus conductor, Rajesh. An FIR was registered, and after investigation, charge sheet was filed against 33 accused. The Trial Court convicted accused Nos. 1-7, 9-12, 14, 16, and 18 under Sections 143, 147, 148 IPC and Section 3(2)(e) of the PDPP Act read with Section 149 IPC, sentencing them to four years' rigorous imprisonment. The High Court upheld the conviction. The Supreme Court examined the validity of the Test Identification Parades (TIPs) conducted. The accused had objected that they were photographed, videographed, and shown to witnesses from the investigating officer's cabin while in police custody, and that they wore the same clothes from arrest until the TIP. The Court found that these irregularities vitiated the TIPs, rendering the identification evidence unreliable. Since the conviction was based solely on such tainted identification, the Court set aside the conviction and acquitted the appellants. The Court also noted that the High Court had already acquitted the accused of conspiracy and murder, and those findings had attained finality.
Headnote
A) Criminal Procedure - Test Identification Parade - Fairness of Identification - Sections 143, 147, 148, 149 IPC and Section 3(2)(e) PDPP Act - The accused alleged that they were photographed, videographed, and shown to witnesses from the investigating officer's cabin while in police custody, and that they were made to wear the same clothes from arrest until the TIP. The court held that such irregularities vitiate the TIP, making the identification evidence unreliable and inadmissible. Consequently, the conviction based solely on such evidence was set aside. (Paras 6-11, 16-18) B) Criminal Law - Unlawful Assembly and Rioting - Conviction based on Identification - Sections 143, 147, 148, 149 IPC - Where the only evidence linking the accused to the unlawful assembly and rioting is through a flawed TIP, the conviction cannot be sustained. The court held that the prosecution failed to prove the identity of the appellants beyond reasonable doubt. (Paras 16-18) C) Criminal Law - Conspiracy - Acquittal of Conspirators - Section 120B IPC - The High Court had set aside the conviction of accused Nos. 12 and 25-33 for conspiracy, and the State did not appeal. Therefore, the conspiracy charge against the appellants was not in issue. (Para 14) D) Criminal Law - Murder - Acquittal of Accused 17 and 19 - Section 302 IPC - The High Court had acquitted accused Nos. 17 and 19 of murder, and the State did not appeal. Therefore, the murder charge was not in issue. (Para 15)
Issue of Consideration
Whether the Test Identification Parades conducted in this case were vitiated due to the accused being shown to witnesses prior to the parade, thereby rendering the identification evidence inadmissible and the consequent conviction unsustainable.
Final Decision
The Supreme Court allowed the appeals, set aside the conviction, and acquitted the appellants of all charges.
Law Points
- Test Identification Parade must be conducted fairly without prior exposure of accused to witnesses
- Evidence of identification is inadmissible if accused were shown to witnesses before TIP
- Conviction based solely on tainted identification evidence is unsustainable
