Syed RIFFAT HUSSAIN vs State Ss — 2022 PCrLJN 108 KARACHI-HIGH-COURT-SINDH

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Syed RIFFAT HUSSAIN VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Night time occurrence---No source of light---accused were charged for committing murder of father of complainant and his friend---Ocular account of the incident had been furnished by sole eye-witness---Eye-witness stated that he witnessed the incident but he gave no hulia or description of any of the accused persons in his evidence nor was any such huila or description given in the FIR where it was alleged the offence was committed by unknown persons---Circumstances showed that it was a night time incident and there was no evidence of any source of light and as to how far away the eye-witness was from the place of incident---Eye-witness did not know the accused before the incident and appeared to have had only a fleeting view of all the five accused---Eye-witness could not pick the two accused persons in the identification parade---Eye-witness was not found to be truthful, reliable or confidence inspiring witness, in circumstances---Lack of description of the features/hulia of the accused persons was highly damaging to reliability of witness and casted severe doubts on his ability to safely identify any one of the accused persons out of the identification parade---Identification parade had not been carried out in accordance with the law, thus the prosecution had failed to prove its case beyond a reasonable doubt against any of the accused persons---appeals against conviction were allowed, in circumstances.

Syed RIFFAT HUSSAIN vs State Ss — 2022 PCrLJN 108 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported