MUHAMMAD RASHID vs State Ss — 2022 YLR 119 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD RASHID VS State Ss. 302, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, abetment, common intention, act of terrorism, possession of unlicensed weapon---appreciation of evidence---Test identification parade--- Scope---accused were charged for committing murder of the deceased by firing and also made aerial firing creating terror in the area---Night time incident but there was sufficient light for the eye-witness to identify the accused---Incident having taken place right in front of the eye-witness and he was able to observe the two accused for at least one minute from close range---Sufficient hulia was also given of accused in the FIR to whom the specific role of shooting the deceased was given and to a lesser extent to co-accused who was given the specific role of remaining on the motor bike during the murder---Eye-witness was able to correctly identify the accused and pick them out of the identification parade---No legal defects in the identification parade was found to hold the same unreliable or inadmissible---Delay in holding the identification parade had been explained by witness who held the identification parade on account of his being on leave---Eye-witness had no opportunity to see the accused after the incident before identifying them at the identification parade as he had already moved to another province prior to that time and before the accused were arrested---Incident having occurred only eighteen months before the identification parade and the eye-witness had a clear unobstructed view of the murder therefore the time lapse did not affect his ability to correctly identify the accused at the identification parade---Murder was not carried out in a brutal manner by the accused and the co-accused did not personally murder the deceased and his hulia was not well described in the FIR---Some minor doubt in prosecution case was not enough to hold that the prosecution had not proved its case against both the accused beyond reasonable doubt---High Court, by exercising judicial discretion, modified the sentence from death to imprisonment for life--- appeal against conviction was dismissed with said modification.

MUHAMMAD RASHID vs State Ss — 2022 YLR 119 KARACHI-HIGH-COURT-SINDH

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