Landmark Judgments

Umesh Chandra Vs. State of Uttarakhand, Criminal (2021) 17 SCC 616 (Prosecution to prove the process of TIP)


Umesh Chandra Vs. State of Uttarakhand, Criminal (2021) 17 SCC 616 (Prosecution to prove the process of TIP)

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.