MUHAMMAD SAJID alias CHOTA BONA vs State Ss — 2022 PCrLJ 505 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SAJID alias CHOTA BONA VS State Ss. 302 & 34---Sindh arms act (V of 2013), S. 23(i)a---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, common intention, possession of illegitimate weapon, act of terrorism--- appreciation of evidence--- Test identification parade--- Infirmities--- accused were charged for committing murder of the brother of the complainant by firing---accused was a very small man being under five feet tall and that even Investigating Officer stated in his evidence that the accused present in the court was of small height---True, that height of the accused was not normally found in public---Judicial Magistrate who carried out the identification parade stated in his evidence that proper description of dummies such as age, height, physique, complexion and features/hulia were not mentioned in the memo---Memo was silent regarding colour, style and type of clothes of dummies and accused---Significantly neither of the eye-witnesses stated in their statement under S. 161, Cr.P.C. the unique feature that the killer was extremely small which must have stood out to them at the time---Fact as admitted by the Investigating Officer that such small men were not available in the general public---Dummies according to the eye-witness were not similar at all which led to the inescapable conclusion that the accused stood out from the other dummies at the identification parade and could have been easily described to the eye-witness before the identification parade---No coincidence that the Judicial Magistrate who carried out the identification parade did not keep records of the dummies which he was obliged to in accordance with law to ensure a fair and reliable identification parade---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt--- appeal against conviction was allowed, in circumstances.

MUHAMMAD SAJID alias CHOTA BONA vs State Ss — 2022 PCrLJ 505 KARACHI-HIGH-COURT-SINDH

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