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State of Haryana v. Surender and Ors. Etc. — Test Identification Parade omission vs. in-court identification

Part of the Forensic Docket on Legal Desire Forensics — a conviction confirmed through final appeal, kept here as a method-of-crime record.

The facts

In a robbery, the accused allegedly stabbed one victim to death and injured another by firing a gunshot at him.

The surviving, injured victim identified the accused in court.

The trial court convicted the accused, but the High Court acquitted him because no Test Identification Parade had been held.

The State appealed, and the Supreme Court set aside the High Court’s order of acquittal.

The Court held that there is no embargo on an appellate court re-appreciating the evidence underlying an order of acquittal, and proceeded to review that evidence itself in restoring the conviction.

Status: conviction upheld through final appeal.

Why this belongs in the Forensic Docket: Absence of a formal Test Identification Parade does not automatically doom a prosecution when a surviving, injured witness can identify the accused directly in court — and appellate courts remain free to re-examine an acquittal built on that omission.

Case details

Citation [2007] 7 S.C.R. 885
Case number Criminal Appeal No. 618/2001
Court Indian Supreme Court
Decided 2007-06-01
Module MO Archive

Read the full judgment (PDF), sourced from the Indian Supreme Court Judgments open dataset (AWS Open Data Registry, CC-BY-4.0).

Explore more in the Forensic Docket or browse the full Forensics hub.

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Anuj Kumar
https://legaldesire.com/about-us/
Legal Desire Media and Insights is a leading legal news and insights platform founded in 2012 by Anuj Kumar, a lawyer, author and legal industry entrepreneur with 14 years in legal publishing. Our editorial team covers judgments, deals, law firm updates, careers and policy across India, the US, UK and Gulf. Coverage is editorially independent; sponsored posts are labeled Partner Content. Contact: legaldesire.com/contact