MUHAMMAD SALEEM vs State Ss — 2022 PCrLJ 1356 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD SALEEM VS State Ss. 302(b), 397 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Test identification parade---Infirmities---Allegations against the accused were that they in furtherance of their common intention snatched the amount from the deceased and on resistance, the absconding accused fired upon the deceased, who was later on died---Identification parade conducted by Judicial Magistrate, carried out through eye-witness---Investigating Officer stated in his examination-in-chief that the identification parade was conducted---Judicial Magistrate, in his cross-examination, admitted that the accused was under investigation, but his identification parade was conducted in the premises of Jail---Accused who was under investigation, how his identification parade was conducted in Jail premises, and what was the reason that persuaded the Investigating Authorities and the Judicial Magistrate to conduct the process of Identification parade of an accused who was under investigation and was under police remand, within jail premises---Eye-witness failed to identify the accused persons during course of identification parade---Eye-witness had alleged that there were two persons in the pickup, then why the identification parade of three persons was conducted through him, thus, it could be presumed that the eye-witness was accommodated and incited in the process of Identification parade---Identification parade of the accused by the said witness was doubtful, which clearly shattered the prosecution's case, when it could not clarify that in the identification proceedings, the other persons, amongst whom the petitioner was queued, were of a similar age, height, physique and complexion---Main object of identification proceedings was to enable a witness to properly identify a person involved in a crime to rule out any possibility of mistaken identity---Neither the Investigating Officer nor the Judicial Magistrate, in whose presence the identification parade was conducted, had taken precautionary measures prior to conducting the identification parade---Proceedings of identification parade did not support the case of the complainant to the extent of commission of the offence of alleged armed robbery followed by murder of the deceased---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. Head NotesCase Description

MUHAMMAD SALEEM vs State Ss — 2022 PCrLJ 1356 QUETTA-HIGH-COURT-BALOCHISTAN

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