A test identification parade is of no evidentiary value if the accused are not identified with respect to a specific role in the incident, and in-court identification is unsafe if the witness had opportunity to see the accused in the dock.
Witness testimony describing “unnatural conduct” will be considered sceptically by the Court. Witness testimony will be discarded where the prosecution fails to prove witnesses actually observed the alleged crime.
Witness testimony will not be given weight by the Court where it contradicts medical evidence, and where there are doubts as to whether the witnesses had been present at the scene of the alleged crime.
When there are several inconsistencies in witness testimony and the evidence of a case, to the extent that the “prosecution version was full of doubts from whatever angle it was looked at” the accused cannot be convicted.
An accused cannot receive a death sentence when a co-accused with a more serious role in the incident was acquitted.