Whether accused can refuse to participate in test identification parade on the ground that they were shown to the witnesses in advance?

[Educator]

Gyan Sudha Misra, J. while disagreeing with H.S.Bedi, J. took the view that it is not open to accused to refuseto participate in the TIP. The learned Judge observed inpara 27 as under:-“27. In my considered view, it was not open to theaccused to refuse to participate in the TI parade norwas it a correct legal approach for the prosecution toaccept refusal of the accused to participate in the