Importance of Identification Parade in cases of Gang rape.
After the accused are arrested, an identification parade is arranged before District Magistrate or such other officer.
Accused are mixed up with other similar looking persons. Out of this lot, victim identifies the persons who committed rape on her. This is called Identification parade.
The evidence of this identification parade is part of evidence in case.
But, in some cases victim may not be in position to be present for such identification parade. She may be too frightened. May have gone to other village to relatives. Etc.
But in such cases, absence of such identification parade, does entitle accused to get acquittal. The accused can still be convicted on basis of other evidence.
(Such was the substance of SC case in Criminal Appeal No. 109-110 of 2011
Justice Dr. B. S. Chauhan and Justice Mr. S. A. Bobde)
Haresh Raichura
26/8/13