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IRFAN ALI vs State Ss — 2022 PCrLJ 1222 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJ 1222 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PCRLJ
Parties
IRFAN ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IRFAN ALI VS State Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, common intention---Appreciation of evidence---Test identification parade---Scope---Allegation against the accused was that he committed murder of the son of complainant---Record showed that the accused remained in constant custody with police and even when father of the deceased reached court and recorded his statement under S. 164, Cr.P.C. on the day when the accused were arrested, the presence of the identifier with the complainant at the time of charging the accused could not be ruled out---Even no precautions were taken by the Investigating Officer to conceal the visibility of the accused from the complainant and the identifier---As the complainant and others constantly used to visit the police station, where the accused were confined, so the possibility could not be excluded of their having seen the accused prior to the identification parade---Identification parade so conducted had no evidentiary value, through an interested witness---Circumstances established that the prosecution could not succeed in bringing home guilt against the accused---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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