AIR 1941 BOMBAY 149

Bombay High Court

Hon'ble Judge(s): Beaumont , C.J. AND Sen , J

Criminal P.C. (5 of 1898) , S.103— Panchnama Identification parade - Police relying on panchnama must call panch to prove it - Panchnama is merely record of what panch sees - Panchnama can only be used to refresh panch's memory - Police witness may state that he held panchnama and offer to produce it if accused asks for it but he cannot bring it on record in his evidence-in-chief - Police holding panchname but not offering to call panch - Adverse inference can be drawn against them from fact that panch was not cross-examined. If the police rely on a panchanama, they must call a panch to prove it. The practice of allowing panchnama to be put in by a police witness is wrong. The object of having panch witnesses is to provide evidence which is independent of the police. In searches under Chapter VII, Criminal P.C., or the City of Bombay Police Act it is necessary to call panches but the fact that S.103 (2) of the Code provides that they need not be called as witnesses unless they are specially summoned, does not mean that the panchnama can be used if no panch is called. Apart from searches, it is, of course not a rule of law or practice that police evidence must be corroborated; but in the case of an identification parade where it is of vital consequence to show that the accused was duly identified, it is obviously desirable to have some independent evidence th....