VidhiSangh

Supreme Court of India · 13/02/2025

VINOD @ NASMULLA versus THE STATE OF CHHATTISGARH

[2025] 3 S.C.R. 80 · 2025 INSC 220

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Summary

The Supreme Court acquitted an appellant convicted of dacoity with a deadly weapon and an Arms Act offence, holding that a test identification parade loses its evidentiary value when the identifying witnesses are not examined at trial, that the solitary dock identification by a police witness who was not used in the parade was unreliable, and that the alleged night-time arrest with a pistol by a lone constable was doubtful in the absence of corroboration.

Issues

  1. What evidentiary value a test identification parade has when the witnesses who identified the accused in it are not examined at trial.
  2. Whether the uncorroborated dock identification by a single police witness, who did not take part in the parade, could sustain a conviction for dacoity.
  3. Whether the prosecution proved the arrest of the appellant and the recovery of a country-made pistol from him.

Provisions considered

Held

Result

Appeal allowed; conviction and sentence by the trial court and the High Court set aside; appellant acquitted; being on bail, he need not surrender and his bail bonds are discharged.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 80.