The Courtroom held that such testimony didn’t present a transparent and dependable identification.
The Excessive Courtroom additionally examined the accused’s refusal to take part within the check identification parade (TIS). It famous that when he was produced in court docket on a manufacturing warrant, his face was not coated, and on the identical day the complainant appeared within the court docket premises with out having been formally summoned.
The investigating officer later claimed that the complainant recognized the accused there, although the complainant said that his assertion had been recorded solely as soon as within the hospital after the incident.
In view of those contradictions, the Courtroom held that there was an actual chance the accused had been seen or proven to the witness beforehand, compromising the equity of the identification course of.
