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Deepak Kumar v State (Delhi) - Crla 232/2000   flag 

[2013] INDLHC 1068
High Court of Delhi
India
7th March, 2013

Cases and Articles Cited

Case Name Citation(s) Court †  Jurisdiction Date Full Text Citation Index
Bharat Vajsur and Anr Vs Gujarat' AIR 2012 SC 2163 Supreme Court of India India circa 2012 flag 1
(2011) 10 Scale 102 (2011) 10 SCALE 102 Supreme Court of India India circa 2011 flag 5
UP v Naresh (2011) 2 SCC (Cri) 216; (2011) 4 SCC 324 Supreme Court of India India circa 2011 flag 30
XXX XXX XXX "13 The two eye-witnesses PW-11 and PW-12 have given a graphic description of the incident and have stood the test of scrutiny of cross-examination and had also stated that they could identify the assailants, but the accused had declined to participate in the test identification parade on the ground that he had been shown to the eye-witnesses in advance In my considered view, it was not open to the accused to refuse to participate in the TI parade nor it was a correct legal approach for the prosecution to accept refusal of the accused to participate in the test identification parade If the accused-Appellant had reason to do so, specially on the plea that he had been shown to the eye-witnesses in advance, the value and admissibility of the evidence of TI Parade could have been assailed by the defence at the stage of trial in order to demolish the value of test identification parade But merely on account of the objection of the accused, he could not have been permitted to decline from participating in the test identification parade from which CRLA 232/2000 Page 9 of 11 adverse inference can surely be drawn against him at least in order to corroborate the prosecution case 14 In the matter of Shyam Babu v Haryana Supreme Court of India India circa 2009 flag 4
Haryana v Surender AIR 2007 SC 2312 Supreme Court of India India circa 2007 flag 2
Air 2003 SC 3805 AIR 2003 SC 3805 Supreme Court of India India circa 2003 flag 2
Abdul Sayeed v Madhya Pradesh (2010) 10 SCC 259 circa 2010 39
Sunil Kumar Sambhudayal Gupta (Dr) v Maharashtra (2010) 13 SCC 657 circa 2010 23

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