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Madras High Court· 15 September 2026

Is the non conduct of a test identification parade fatal to the prosecution where the identity of the accused is established?

R.PRABHU v. THE INSPECTOR OF POLICE
CRL A.273/2021 · 2026:MHC:3906 · CRL A No. 273 of 2021
Coram: Justice N. Sathish Kumar · Justice K.Rajasekar
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Answer

The non conduct of a test identification parade is not fatal to the prosecution where the identity of the accused is established.

No. The non conduct of a test identification parade is not fatal to the prosecution where the identity of the accused is established. Identification tests do not serve as substantive evidence but are primarily intended to assist the investigating agency, holding one is not obligatory, and a failure to hold a parade does not make inadmissible the evidence of identification in court. (¶20, 21)

Headnote

Indian Penal Code, 1860 — s.302 — s.109 — Indian Evidence Act, 1872 — s.106 — Acid attack — Facts within special knowledge — Test identification parade — Motive — Indian Evidence Act, 1872 — s.106 — Special knowledge — Unexplained injuries of the accused — Held: Where the accused sustained acid injuries on the day of the occurrence and offer no explanation, those facts being exclusively within their knowledge, the absence of explanation points to their complicity in the crime. (¶15, 18) Indian Evidence Act, 1872 — s.106 — Cross-examination — Incriminating suggestion is substantive evidence — Held further: A suggestion put to a witness in cross-examination whose answer incriminates the accused is a substantive piece of evidence and may be taken into consideration along with the other evidence on record. (¶14) Criminal trial — Test identification parade — Identity established by eyewitnesses — Held further: The non conduct of a test identification parade is not fatal to the prosecution where the identity of the accused is otherwise established; such a parade is not obligatory and is not substantive evidence. (¶20, 21) Indian Penal Code, 1860 — s.302 — Motive — Eyewitness evidence unaffected — Held further: The evidence of an eyewitness is not rendered untrustworthy merely because motive is not established, where the other circumstances clinchingly prove complicity. Criminal appeals dismissed and the conviction confirmed. (¶22, 23)

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In the Court's own words
Paragraph 20Considering all these aspects coupled with the evidence of P.Ws.5 and 6 who have seen the accused at the relevant point of time and further the identity was also spoken to by P.W.5 and no motive whatsoever was established against P.W.5 to give false evidence, we are of the view that the evidence of the witnesses that they have clearly seen the bike of the accused persons passing them and immediately, they heard the sound of the deceased who sustained severe burn injuries on acid attack, the possibility of remembering the face of the accused by the witnesses is more probable. Therefore, in the absence of test identification parade, it cannot be said that the case in which the test identification parade was not conducted would fatal to the prosecution. P.W.6 has also seen the two accused in the tea shop and when the deceased left the place after closing the medical shop, these two accused also have gone in a bike and immediately, within 2 to 3 minutes, the occurrence took place. The evidence of P.W.5 in his cross-examination is clear that he has seen the accused in the light and later identified the accused in the police station, after their arrest and he has also seen them in the court. Therefore, in such a situation, when the identity of the accused is well established, we are of the view that the non conduct of test identification parade will not be fatal to the prosecution case.
Paragraph 21With regard to the principle that the non conduct of the test identification parade is not fatal to the prosecution, it is relevant to note that the Hon’ble Supreme Court in Dharmendra Kumar v. State of M.P., reported in (2024) 8 SCC 60 in paragraph 47 has held as follows: ‘47. It is trite law that identification tests (TIP) do not serve as substantive evidence but are primarily intended to assist the investigating agency in ensuring that their progress in investigating the offence is on the correct path. Holding a TIP is not obligatory. Further, a failure to hold TIP cannot be a ground to eschew the testimony of witnesses whose evidence was concurrently accepted by the trial and appellate courts. [State (NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600 : 2005 SCC (Cri) 1715] Additionally, a failure to hold a parade would not make inadmissible the evidence of identification in the court. [Heera v. State of Rajasthan, (2007) 10 SCC 175 : (2007) 3 SCC (Cri) 461] .‘
Acts & Sections
s.302 Indian Penal Code, 1860s.109 Indian Penal Code, 1860s.106 Indian Evidence Act, 1872

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Also decided in this judgment
Is a suggestion put in cross-examination whose answer incriminates the accused a substantive piece of evidence?Must an accused who sustained injuries on the day of the occurrence explain them under section 106 of the Indian Evidence Act, 1872?Is the evidence of an eyewitness rendered untrustworthy merely because motive is not established?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections