No Inflexible Rule Mandating Test Identification Parade To Identify The Accused: Kerala High Court

The High Court clarified that when the witness is familiar with the accused or has had a clear and adequate opportunity to see them at the time of the occurrence, identification made for the first time in court can be accepted as reliable.

The Court was hearing a reference for confirmation of a death sentence and connected appeals arising from the conviction of two persons in a case involving murder, sexual assault, and robbery.

A Division Bench comprising Justice Dr. A.K. Jayasankaran Nambiar and Justice Jobin Sebastian, while making the observation remarked: “There is no inflexible rule that, in order to rely upon an identification made by a witness, there must invariably, be a test identification parade. If the accused is already acquainted with the witnesses, identification for the first time in the dock would be sufficient. Likewise, if the witness had sufficient opportunity to see the accused, at the time of the incident, and the court is satisfied about the credibility of such identification, the absence of a test identification parade would not, by itself, render the evidence unreliable.”

Background

The prosecution's case was that two individuals entered the house of the deceased and his wife during the night, committed robbery, and assaulted both victims, leading to the husband’s death and serious injuries to the wife.

Following the investigation, the police arrested the accused and recovered stolen jewellery and other materials allegedly connected with the crime.

The trial court convicted both accused of offences under the Indian Penal Code and imposed a death sentence on one of them while sentencing the other to life imprisonment.

The case was placed before the High Court for confirmation of the death sentence as required under the Code of Criminal Procedure.

During the appeal, the defence argued that the prosecution’s case was unreliable due to the absence of a Test Identification Parade and claimed that the identification of the accused in court was insufficient without such corroboration.

Court’s Observation

Rejecting the defence’s contention, the Kerala High Court held that the absence of a Test Identification Parade, by itself, does not make the identification of the accused unreliable.

While making these observations, the Bench explained that “if the accused is already acquainted with the witnesses, identification for the first time in the dock would be sufficient. Likewise, if the witness had sufficient opportunity to see the accused, at the time of the incident, and the court is satisfied about the credibility of such identification, the absence of a test identification parade would not, by itself, render the evidence unreliable.”

The Bench further clarified that the purpose of such a parade is only to “lend assurance and corroboration to the identification made before the court” to ensure that the investigation is proceeding in the right direction, and its non-conduct cannot vitiate credible evidence given by a witness.

In the matter at hand, after evaluating the evidence on record, including the recovery of materials and witness testimonies, the Court held that the prosecution had sufficiently established the role of the accused in the crime, though the case did not warrant confirmation of the death sentence.

Conclusion

The High Court partly allowed one appeal to modify the death sentence into one of life imprisonment and dismissed the other, holding that while the prosecution had established guilt beyond a reasonable doubt, the case did not fall within the “rarest of rare” category.

Cause Title: State of Kerala v. Anil Kumar @ Kolusu Binu & Anr. Neutral Citation: 2025:KER:76072)

Appearances

Appellants:  Advocates J.R. Prem Navaz, Rajatha P, Sumeen S. 

Respondent: Ambika Devi & Sheeba Thomas, Public Prosecutors

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