HARNATH SINGH vs STATE OF MADHYA PRADESH

The Supreme Court held that the record of a test identification parade conducted by a Magistrate of the Third Class is inadmissible if it includes statements beyond mere identification, as this contravenes Section 164 of the Code of Criminal Procedure. The Court clarified that the Magistrate's role is limited to ensuring proper identification and cannot extend to recording additional statements that may influence the guilt of the accused. The judgment of the High Court was upheld as it did not rely on the inadmissible statements, thus maintaining the conviction under Section 395 IPC.