Tamil Nadu - Coimbatore   

"Identification before a magistrate is admissible evidence"

V.S. Palaniappan

Coimbatore: The State Public Prosecutor, Madras High Court, Raja Elango, in his arguments in the serial blast case before the Judge of the Special Court, K. Uthirapathy, pointed out that if a witness had identified the accused at the identification parade before a magistrate it could be considered as admissible evidence.

Citing a Supreme Court ruling in a dacoity case, he submitted that the court should consider the identification done by a witness before a magistrate rather than considering the inability, refusal and failure to identify the correct accused before the trial court. He also pointed out that in this case the examination of witnesses had come up almost after five years of the commission of offence and the accused were in the age group of 20 to 30 when arrested.

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