Source – newindianexpress.com<\/p>\n\n\n\n
CUTTACK:\u00a0\u00a0The Orissa High Court has acquitted a person who was convicted and sentenced to imprisonment for life in a murder case on the basis of test identification (TI) parade report a decade ago.<\/p>\n\n\n\n
The case related to the Mir Nabi Bux\u2019s homicidal death due to gunshot injuries at Kendrapara on October 13, 2009. Accused Satrughna Barad was arrested on May 5, 2010 by Kendrapara Town police and the TI parade was conducted by Judicial Magistrate First Class, Kendrapara on June 1, 2010.<\/p>\n\n\n\n
Based on the TI parade report, the Court of Additional Sessions Judge, Kendrapara held Satrughna guilty under section 302 and sentenced him to life imprisonment on December 7, 2010. Satrughna had filed a petition challenging his conviction on February 10, 2011.<\/p>\n\n\n\n
While allowing the petition on Wednesday, the division bench of Justice SK Mishra and Justice AK Mishra ruled that, \u201cThe law confirms that test identification report is not substantive evidence. In absence of any other evidence, the same cannot be the basis of conviction.\u201d<\/p>\n\n\n\n
\u201cThe Additional Session Judge has committed error in appreciating the TI parade report to base conviction against the appellant. We are not persuaded in any manner to support such mis-appreciation of evidence. The conviction of the appellant is not sustainable in eye of law and is to be set aside\u201d, the bench ruled.<\/p>\n\n\n\n
\u201cThe conviction and sentence of the appellant is hereby set aside. The appellant is acquitted and be set at liberty forthwith, if not required in any other case\u201d, the bench said in its order.<\/p>\n