GHULAM RASOOL vs State S — 2022 PLD 806 SUPREME-COURT

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GHULAM RASOOL VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Prevalent practice in rural areas of referring to persons by their nicknames (aliases)---Discrepancy in the name of accused mentioned in the FIR and the name of the convict---Whether there was doubt as to identity of accused---Counsel for the petitioner submitted that one "Rasool Bakhsh" was mentioned in the FIR to have caused the injury to the deceased and there was no explanation on record of the case that the present accused, "Ghulam Rasool", was the same person mentioned in the FIR, therefore, it created a reasonable doubt as to the involvement of the accused in the commission of the alleged offence, which entitles him to be acquitted---Validity---Complainant and the accused were residents of the same vicinity, and throughout the proceedings of the case from the arrest of the accused till his conviction, no question as to the identity of the accused was ever raised---In rural areas of the province, where the occurrence took place, it was a matter of common knowledge that people were usually known by their nicknames (aliases), and their exact names were often not known to others---Alias of accused i.e. "Rasoola", was also mentioned in the FIR together with name "Rasool Bakhsh"---Accused, in the present jail petition, had himself mentioned his name as "Ghulam Rasool" alias "Rasoola"; his name, "Ghulam Rasool" alias "Rasoola", was mentioned in the investigation proceedings including the recovery memos, in the Challan, in the statements of the prosecution witnesses and in his own statement recorded under Section 342, Cr.P.C.---Contention as to doubt of the identity of the accused was therefore found baseless---Petition for leave to appeal was dismissed and leave was declined.

GHULAM RASOOL vs State S — 2022 PLD 806 SUPREME-COURT

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