MUHAMMAD IQBAL KHAN vs BASHIR AHMED alias KHANDHARI Ss — 2022 PCrLJ 1765 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD IQBAL KHAN VS BASHIR AHMED alias KHANDHARI Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 417---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd and common intention---Appreciation of evidence---Benefit of doubt---Contradiction in ocular and medical evidence---Delayed test identification parade---Scope---Prosecution case was that the accused along with another had fired at the deceased after intercepting the motor vehicle of complainant party---No incriminating articles were recovered from the possession of the accused so as to connect him with the commission of the offence and even the motorcycle allegedly being ridden by him at the time of the incident was not recovered and produced---Medical evidence introduced by the prosecution had not supported the ocular account given by the witnesses in as much as the entry and exit wounds reflected in the Medical Examiner Report were inconsistent with the account given by them as to the angle/direction of fire and the manner of injury sustained by the deceased---Identification parade was conducted after a period of two years---Only source of light was the headlights of the motor vehicle, as even the sketch of the scene prepared by the Mukhtiarkar did not show any other source of light---Proper identification of the assailants under such conditions in obviously stressful circumstances would have been difficult---Consistencies existed in the deposition of the complainant as to the composition of Test Identification Parade and placement of the accused---Test Identification Parade could not be relied upon, in circumstances---Statement of a prosecution witness under S. 161, Cr.P.C. was recorded after two years of the incident---Prosecution had failed to prove the participation of accused in the crime---Trial Court had rightly extended benefit of doubt to the accused---Appeal against acquittal was dismissed, in circumstances.

MUHAMMAD IQBAL KHAN vs BASHIR AHMED alias KHANDHARI Ss — 2022 PCrLJ 1765 KARACHI-HIGH-COURT-SINDH

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