Case Name : C Muniappan & Ors vs State of Tamil Nadu
Case Reference: (2010) 10 SCR 262 :
Case Number: Crl A Nos 127-130/2008
Court: Supreme Court
Bench: 2
Coram: GS Singhvi, Dr BS Chauhan
Date: 30.08.2010
Test Identification Parade is admissible under section 9. - Evidence - Section 9
Test Identification Parade is not a substantive piece of evidence (Para 32, Page 296, C-D)
TIP is part of the investigation and applies where the accused is not known before-hand. It is only used to corroborate the evidence; and is not substantive evidence (Para 36, Page 297-298, H;A-C)
Only that part of confession is admissible which leads to the recovery (Para 67, Para 310, C-D) - Evidence - Section 27
Evidence of prosecution witness cannot be rejected in toto merely because prosecution treated him as hostile and cross examined him.(Para 69, Page 310, F-H) Relevant parts of evidence of hostile witness that are admissible in law can be relied upon by the prosecution or the defence (Para 69, Page 311, D)
Entire evidence cannot be disregarded only because there are omissions, contradictions and discrepancies which do not go into the heart of the matter and shake the basic version of the prosecution’s witness (Para 71, Page 311, F-H) Minor discrepancies are bound to occur
Death penalty upheld; case where during demonstration, appellants burnt a bus of girl students by using petrol; 03 died, others received burn injuries Unprovoked act; emotional depravity; no mitigating circumstance
Refer also:
Judgment name
See also: Evidence - Section 27 Evidence - Section 154
PDF: C Muniappan vs State of Tamil Nadu, (2010) 10 SCR 262.pdf