The accused were
convicted by the Trial Court on the basis of being identified in a test
identification parade(TIP). In appeal before the Supreme Court, they contended
that the conviction based on the TIP is unsustainable as no TIP has been proved
to have been held in accordance with law. The court said that the onus lies on
the prosecution to establish that the TIP was held in accordance with law. It
is only after the prosecution prima facie establishes a valid TIP having been
held, the question of considering any objection to the same arises. Secondly
there cannot be repeated TIPs till such time that the prosecution is successful
in obtaining identification of the accused.