Failure to conduct a judicial TIP when the accused is a stranger to the complainant renders dock identification in court meaningless.

Delhi High Court Acquits Pawan Soni in Robbery and Stabbing Case Court Criticizes Lack of Judicial TIP and Highlights Doubts in Prosecution's Evidence

In a significant decision, the Delhi High Court has acquitted Pawan Soni, who was previously convicted for robbery and stabbing offenses. The court's judgment, dated December 1, 2025, scrutinized the evidence presented by the prosecution and identified critical lapses in the investigation process, leading to the acquittal of the appellant.

The case revolved around a stabbing and robbery incident that occurred on December 31, 2022, in Okhla Phase-II, New Delhi. The complainant, Abid Ali, alleged that he was attacked by four individuals, including Soni, who robbed him of his mobile phone, cash, and other belongings, and subsequently stabbed him.

However, the High Court, presided by Justice Manoj Kumar Ohri, found several flaws in the prosecution's case. A pivotal issue was the failure to conduct a judicial Test Identification Parade (TIP), which would have allowed the complainant to identify the accused among other individuals. The court emphasized that the absence of a TIP, particularly when the accused is a stranger to the complainant, significantly undermines the reliability of dock identification during the trial.

The court further noted inconsistencies and improvements in the complainant's testimony, particularly regarding the sequence of events and the items allegedly stolen. The CCTV footage, which was expected to corroborate the prosecution's case, was deemed insufficient as it did not capture the actual incident of robbery.

Adding to the prosecution's woes, the court highlighted the suspicion surrounding the recovery of a power bank from the appellant. This item was not mentioned in the initial complaint, raising doubts about the integrity of the investigation.

Citing precedents from the Supreme Court, the High Court reiterated that dock identification without a prior TIP holds little evidentiary value and stressed the importance of conducting a TIP to ensure the fairness of the investigation process.

In light of these findings, the court concluded that the prosecution failed to prove the case beyond a reasonable doubt, granting the benefit of doubt to the appellant. Consequently, Pawan Soni's conviction and sentence were set aside, and he was ordered to be released unless required in any other case.

Bottom Line:

Identification Parade - Failure to conduct a judicial TIP when the accused is a stranger to the complainant renders dock identification in court meaningless.

Statutory provision(s): Sections 394, 397 IPC, Section 428 CrPC, Section 313 CrPC, Section 294 CrPC

Pawan Soni v. State (Govt. of NCT) Delhi, (Delhi) : Law Finder Doc Id # 2815842