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Old Tuesday, October 19, 2010
imran bakht imran bakht is offline
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IDENTIFICATION PARADE:
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An examination conducted by the magistrate during the course of investigation, for the purpose of identifying a culprit through victom or witness is identification parade.

Identification parade is a technical procedure in which a criminal suspect and other similar persons are shown to the witness in order to find the actual culprit, and to launch a prosecution against him.

The identification parades are held by the police in the course of investigation for the purpose of enabling witnesses, to identify the property which is the subject matter of the offence or to identify the culprits, who had made good their escape and were not caught on the spot . In the case of identification of the accused, he is mixed-up with several other persons and the witness is required to pick-out the person, whom he claims to have seen in the commission of the offence or crimje.

Identification proceedings are facts which estaclish the identity of the accused persons and are themselves relevant. But evidence of identification parade is only relevant if it is conducted in-accordance with the requirements of article (22) of Qanoon-e-shahadat order,

It must be remembered that holding of identification parade is not a requirement of law but only one of the methods to test the veracity of the evidence of an eye-witness who has had an occasion to see the accused and claims to identify him.


OBJECT OF IDENTIFICATION PARADE
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The object behind the identification proceeding is to find-out whether the suspect (accused) is the real offender or not. Sole purpose of identification is to ensure that an innocent person, either deliberately or by mistake is not involved. Although, Identification is not legal requirement, however, when necessary, it is the duty of court to examine that all possible steps were taken for holding fair identification parade and the witnesses at their own correctly picked-up the culprits.

An identification parade, if it has to have any value must be held by a magistrate and in the absence of police.


RELEVANCY AND EVIDENTIARY VALUE OF IDENTIFICATION:
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In cases, where the offenders are not caught at the spot, the names of the culprits are not found in the first information report, and they are caught after some time, the identification parade is held and often the fate of the prosecution case depends upon the satisfactory character of identification proceedings in such cases.

Identification test of accused person cannot as a rule form sufficient basis for conviction, yet can necessarily be used in support of other evidence against them.

The fact of identification in a parade by itself not substantive evidence but is admissible under article 22, and provides strong corroboration to the identification made in court.


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JUDGEMENT-IN-REM :
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Judgement-in-rem means an adjudication pronounced upon, the status of some particular matter by a competent authority or court. A judgement-in-rem is always
admissable in any suit in which the status , which it has declared, is in question. It is, valid against the entire world and not only inter-parties.

In other words juggement-in-rem is a judgement which binds all men, and not only the parties to the suit in which it was passed, and that it belongs to possitive law,
to say which judgement are to be judgement-in-rem whether for reasons of international comity or domestic expediency.

A judgement-in-rem is one, which declares, defines or otherwise determines the status of a person or of a thing, that is to say, the jural relation of the person or thing
to the world generally. Such a judgement furnishes conclusive evidence of the points it decides, not only against the parties who are actual litigants in the case, but
against all others.


JUDGEMENT-IN-PERSONAM
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Judgement-in-personam means, a judgement inter-parties, it is an ordinary judgement between the parties , in cases of contract , torts or crime.

In other words judgement-in-personam means a judgement between the parties in a suit, it is such judgement that impose personal liability on a defendant and that
may therefore be satisfies out of any of the defendant"s property within judicial reach.


POINTS OF DIFFERENCE BETWEEN JUDGEMENT-IN-REM AND JUDGEMENT-IN-PERSONAM:
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(1). A judgement-in-rem is conclusive against the world as to the status of the res. A judgement-in-personam is conclusive only between parties or privies.

(2). The final judgement of probate, matrimnial, admiralty or insolvency courts confering on or taking away from any person any legal character or declaring any
person to be entitled to any legal character or to any specific thing, are instances of judgement -in-rem, while judgement-in-personam is the resolution of a particular
dispute between two parties.

(3). A judgement-in-rem is an exception to the rule of law that, " no man should be bound by the decision of court of justice unless he or those under whom he claims
be parties to proceedings in which such judgement was given."
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