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Topic: "Identification Parade"

Outline:

Definition by oxford learners dictionary

Explanation of identification parade

Relevent Section & procedure while conducting identification parade

Object of Identification Parade

Relevancy and Evidentiary value of Identification

Some Important Case laws

Conclusion:

Definition by oxford learners dictionary

A row of people, including one person who is suspected of a crime, who are shown to a
witness to see so that he or she can recognize the criminal.

IDENTIFICATION PARADE:

An examination conducted by the magistrate during the course of investigation, for the
purpose of identifying a culprit through victim or witness is identification parade.

Identification parade is a technical procedure in which a criminal suspect and other similar
persons are shown to the witness in order to find the actual culprit, and to launch a
prosecution against him.

The idea of Identification parade is to test the veracity of the witness in the question of his
capacity to identify, from among several persons made to stand in a queue, an unknown
person whom the witness had seen at the time of occurrence.
In cases where the identity of the accused is not known to the eye-witness, it is essential for
the investigating officer to get such suspect identified from eye-witness in a test identification
parade, which has mainly two works - a) Ensures that investigation is proceeding on a right
track, b) Ensures that the eye-witness's memory regarding the identity of the appellant.

Further, there are certain principles with must be followed while conducting the identification
parade. The establishment of these principles can be done examining the witnesses who
conducted the identification parade i.e. they must be put to the cross examination by a
magistrate.

Further, if the manner of holding the identification parade throws suspicion on police, then
the Identification parade would not have any evidentiary value. It is also true that the
presence of police officer and the public prosecutor at the place of the identification parade
would not vitiate it, when there was no prejudice against the accused.

The parade should be held by a magistrate or any officer who is not a police officer because
the police should not take part in the identification parade.

RELEVENT SECTION

Identification parade is conducted under Section 22 of the Qanun-i-Shahadat Order 1984.Its


procedure is explained in the high court rules and the Sindh criminal circular. The Supreme
Court had also set some parameters in this connection in 1996.

The related law and procedure says that the identification parade must be held as soon as
possible after the arrest of the accused but not later than 15 days and the police have to ensure
that the witnesses or complainant have not seen the accused after the incident.

The parade is always held for two purposes first to establish the identity of the accused and,
second, to assign the role played in the commission of an offence. A witness must disclose
the context in which he or she identifies the accused before the parade.

An identification parade is considered invalid when no role is attributed to the accused during
the commission of the offence while an identification test with an unexplained delay of one
week conducted not in accordance with the rules cannot be relied upon.

It is the responsibility of the relevant court staff to arrange nine muffled faces and their ages,
height, body and colour must be similar to that of the accused.

The judicial magistrates concerned have to ask them to line up with the accused and after that
they call the witness and ask him to identify the accused and assign his role in the case. Then
the JMs have to ask the witness to leave the courtroom and change the previous position of
the accused from the queue before calling the witness for a second round. The same
procedure is adopted in the third round.
The identification of a voice is conducted when the witness is blind or he has only heard the
voice of the accused during the commission of the crime and the same rules and procedure
are followed in voice identification.

OBJECT OF IDENTIFICATION PARADE

The object behind the identification proceeding is to find-out whether the suspect (accused) is
the real offender or not. Sole purpose of identification is to ensure that an innocent person,
either deliberately or by mistake is not involved. Although, Identification is not legal
requirement, however, when necessary, it is the duty of court to examine that all possible
steps were taken for holding fair identification parade and the witnesses at their own correctly
picked-up the culprits.

An identification parade, if it has to have any value must be held by a magistrate and in the
absence of police.

RELEVANCY AND EVIDENTIARY VALUE OF IDENTIFICATION:

In cases, where the offenders are not caught at the spot, the names of the culprits are not
found in the first information report, and they are caught after some time, the identification
parade is held and often the fate of the prosecution case depends upon the satisfactory
character of identification proceedings in such cases.

Identification test of accused person cannot as a rule form sufficient basis for conviction, yet
can necessarily be used in support of other evidence against them.

The fact of identification in a parade by itself not substantive evidence but is admissible
under article 22, and provides strong corroboration to the identification made in court.

SOME IMPORTANT CASELAWS:

Description of the accused was not given in Police statement. Such omission does not reduce
value of identifications1980 PCr.LJ 836.

Incident took place during broad daylight. The encounter and grappling took place between
the accused and identification witness. The witnesses had no enmity with the accused persons
and had no reason to implicate them falsely. The evidence of witnesses was straightforward,
natural and reliable without any reason to doubt the same. The accused were correctly
identified by prosecution witnesses in circumstances.1991 PC.LJ 2040

The court before acting upon the evidence of identification parade must look for some
independent evidence, direct or circumstantial to eliminate chances of false implication. 1991
PCr.LJ 1145.
Delay in holding identification test.Value of test reduced: The identification of the accused
after 12/13 days of his arrest diminishes the evidentiary value of the test..PLD 1978 Quetta
191.

Identification Parade: When accused was charged in the F.I.R and in statement under S.161 ,
Cr.P.C by the description of their structure, then identification in a formal parade was a
must. 2003 PCr. LJ .1928.

- Ss.395 & 412---Qanun-e-Shahadat (10 of 1984), Art, 22---Punjab Criminal Prosecution


Service (Constitution, Functions and powers) Act (III of 2006), Ss. 10 & 12---Dacoity and
dishonestly receiving property stolen in the commission of dacoity---Identification Parade---
Procedure of arrangements---Guidelines by High Court---procedure for making arrangements
for identification parade easier was prescribed by High Court for circulation to Prosecutor
General, Advocate-General, Additional Inspector general of Police (Investigation) and all the
Sessions Judges of the Province, who shall pursue the same and circulate it to all concerned
and subordinate courts and offices for appropriate legal action and observance.

Walayat Versus State

2008 PLD 470

Lahore-High-Court-Lahore

CONCLUSION:

Identification parade must be identified by the eye witness if the eye witness is concealed it
lose it sanctity.Identification proceedings are facts which establish the identity of the accused
persons and are themselves relevant. But evidence of identification parade is only relevant if
it is conducted in-accordance with the requirements of article (22) of Qanoon-e-shahadat
order,

It must be remembered that holding of identification parade is not a requirement of law but
only one of the methods to test the veracity of the evidence of an eye-witness who has had an
occasion to see the accused and claims to identify him.

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