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ALAM KHAN vs State Ss — 2022 PCrLJ 338 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 338 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
ALAM KHAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 54

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

ALAM KHAN VS State Ss. 302(b), 392 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Test identification parade---Infirmities---Accused were charged for murdering the uncle of complainant by firing while committing robbery---Record showed that in the proceedings of identification test parade, Judicial Magistrate had not mentioned ages and features of the dummies---Moreso, Judicial Magistrate also admitted that accused persons raised objection that after their arrest their pictures were taken and their movie was made by the police---Said objection of the accused persons was not rebutted by the complainant and eye-witnesses and it was not attended to by Judicial Magistrate---Investigating Officer narrated in his examination-in-chief that informer informed him that in case of interrogation from the accused persons, matter could be traced out---Next day at the information of informer Investigating Officer arrested the accused persons present in the court under S. 54, Cr.P.C. and they were produced in the court of Judicial Magistrate---Said accused persons were sent to judicial lock up for the purpose of identification parade through application---Identification parade, in circumstances, was not held in accordance with the law---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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