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‘A’ registers a case of attempt robbery against one unknown person. However, within a week on the basis of some secret information, the police arrest a suspect ‘B’ in Test Identification Parade (TIP), ‘A’ identifies the suspect as robber. After six months, during the trial, ‘A’ identifies ‘B’ in his examination-in-chief, but his cross-examination is deferred at the request of counsel for the accused.
On next hearing after one month, his cross-examination ‘A’ supports the case of the prosecution on all aspects but deposes that he is not sure whether accused ‘B’ was the robber as the incident happened at night and he could catch only momentary glimpse of the robber. In his re-examination, he admits that he had identified accused ‘B’ in TIP. There is no other eye witness to the incident of robbery. How will you decide the case? (20 marks)
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