Supreme Court Acquits Accused, Says Test Identification Parade Loses Value Without Witness Testimony
Last Updated on February 18, 2025 by Athi Venkatesh
Supreme Court: TIP Report Invalid Without Witness Testimony
The Supreme Court recently acquitted an accused in a dacoity and Arms Act case. The Court ruled that a Test Identification Parade (TIP) report loses its evidentiary value if the witnesses who identified the accused are not examined during the trial.
A bench of Justices PS Narasimha and Manoj Misra heard the case. The trial court and High Court had convicted the appellant for stopping a moving bus at gunpoint and robbing passengers. However, the Supreme Court overturned the conviction due to procedural lapses in evidence presentation.
The TIP was conducted with three witnesses, but none testified during the trial. The Court held that without their testimony, the TIP report could not be used to verify or challenge the identification. Justice Misra, who authored the judgment, stressed that cross-examination is crucial to confirm how witnesses identified the accused.
The Court explained that witnesses might be shown the accused before the TIP or may receive instructions to identify a specific person. Without their testimony, it becomes impossible to verify the identification’s accuracy.
The judgment emphasized that even though PW-7, the Naib Tehsildar, confirmed the TIP process, the absence of the three key witnesses made the TIP report inadmissible. The Court stated that only the testimony of witnesses who identified the accused during the TIP can give the report evidentiary value.
By setting aside the conviction, the Court granted the accused the benefit of the doubt. The ruling reinforces the principle that proper witness examination is essential to maintain the credibility of TIP reports in criminal trials.
