MUHAMMAD ASLAM vs State Ss — 2022 PCrLJ 1615 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 1615 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD ASLAM vs State Ss
Subject matter: Criminal

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

MUHAMMAD ASLAM VS State Ss. 302(b), 393 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Test identification parade---Infirmities---Accused were charged for committing murder of the brother-in-law of the complainant during robbery---According to the prosecution's case, the test identification parade of all the four accused was conducted jointly---All the four accused/suspects were placed in four rows each at Sr. No.4 which stood admitted by the prosecution witnesses---Said fact could possibly be a mark to help the witnesses for their identification---No credibility could be attached to such identification parade proceedings---Special Judicial Magistrate also conceded that the suspects/accused persons raised objection regarding the veracity of the test identification parade by maintaining that they were shown to the witnesses when they were in police custody at police station even their photographs were shot there---Identification of accused in such a manner and the ocular account furnished by the prosecution in the case was not trustworthy---Circumstances established that the prosecution remained unable to prove its case against the accused beyond the shadow of a reasonable doubt---Appeal against conviction was allowed, in circumstances.

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