KASHIF ALI alias MOJ vs State Ss — 2022 YLR 1960 KARACHI-HIGH-COURT-SINDH

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KASHIF ALI alias MOJ VS State Ss.302(b), 324, 353, 392, 397 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, robbery or dacoity with attempt to cause death, common intention---Appreciation of evidence---Rule of consistency--- Scope--- Accused was charged that he along with co-accused committed murder of the brother of the complainant while looting the complainant party, accused was apprehended at the spot---Defence alleged that as co-accused had been acquitted by the Trial Court by the same judgment, the accused also deserved same treatment---Mass difference existed between the case of accused and acquitted accused--- Accused was apprehended red-handed and a T.T. pistol was recovered from his possession with which, according to alleged eye-witnesses, he had committed murder of deceased, whereas co-accused was alleged to have fled away from the spot and he was not previously known to the alleged eye-witnesses--- Identification parade in such circumstances was very much necessary to be held in order to pinpoint him to be the same person who was riding the motorcycle and was accompanying accused at the time of commission of the alleged offence---No identification parade in respect of co-accused was held in the case---Plea regarding rule of consistency raised on behalf of the accused was devoid of force---Circumstances established that prosecution had succeeded in proving its case against accused beyond shadow of any reasonable doubt---Appeal against conviction was dismissed accordingly.

KASHIF ALI alias MOJ vs State Ss — 2022 YLR 1960 KARACHI-HIGH-COURT-SINDH

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