1.
Introduction
Objects
of identification parade are to enable witness to identify these persons or
things, which are involved in commission of offence and which are not
previously authority on involvement of such person or things in commission of
offence. Identification Parade is related to those facts which are declared as
relevant facts about place, name, person or date. The conduct of an identification
parade is part of the investigation and is held not as a rule of law but as a
rule of prudence to eliminate possibility of any mistake.
2.
Relevant Provision
Article
22 of Qanun-e-Shahadat order 1984
3.
Meaning
Identification
Parade is identification of stranger offender, who is not previously known to
the witness.
4.
Importance of Identification Parade
Identification
parade is a procedure to identify the accused by the witnesses under the
custody of magistrate. It is admissible
evidence in the court.
5.
When identification parade should be conducted
Identification
parade should be conducted at the earliest possible time because the witness to
indentify the accused easily, as by the lapse of time of memory may fade.
Identification parade held after 12 to 15 days loses its evidentiary value.
6.
Who conducts identification Parade?
Identification
Parade is conducted only by a magistrate having jurisdiction to do so.
7. Modes of conducting identification Parade
Identification
Parade is conducted or carried out by modern devices of tape recorders,
cameras, videos, audios and maps or sometime the help animals like dog etc is
taken.
8.
Scope of Identification Parade
Identification
parade is relevant both are civil as well as criminal cases.
9. Rules relating to identification Parade
Follow
are the rules
(i)
Time
Identification
parade should be conducted at the earliest possible time.
(ii)
Supervision
It
is always supervised by a magistrate having jurisdiction to do so.
(iii)
Place
It
is conducted, generally, in jail or some other secured place.
(iv)
Investigating officer
After
beginning of identification parade, investigating officer or any police
officer, who helps investigating office, should not have any access to
identifying witnesses.
(v)
Complainant a witness
If
the complainant is himself a witness, only then he can participate in the Parade.
(vi)
Separation of witnesses from each other
For
holding of identification parade, it is necessary that witnesses should be kept
separated from each other so that cannot share any information about accused.
(vii)
Separation of witness from accused
It
is most important for holding of identification parade that witness should be
kept separated from accused at some distance from place of deification parade
that they cannot see accused or other concerned person until they are called
for identification parade.
(viii)
Bringing of witnesses for identification
It
is necessary that witnesses should be brought separately for identification
parade.
(ix)
Dummies
For
one accused there should be a serial of 1-9 Dummies.
10. Evidentiary value of Identification Parade
Following
two views to explanation
(i)
Corroborative value
When
witness deposes during identification parade that he has seen some of persons,
who are present in identification parade, on time, date and place of incident,
it is considered that such deposition has corroborative value.
(ii)
Admissible Evidence
Another
view is that identification parade can be substantive piece of evidence especially
when proper procedure is adopted for holding of identification and all legal requirements
are fulfilled.
Conclusion
To
conclude that the Identification Parade are held by the police in the course of
their investigation for the purpose of enabling witness to identify the
property which is the subject matter of the offence or to identify the person
who is concerned in the offence. The identification parades are held a rule of
prudence to eliminate the possibility of any mistake and not as a rule of law.
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