MUNAWAR vs State Ss — 2022 YLR 198 FEDERAL-SHARIAT-COURT

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MUNAWAR VS State Ss. 302(b), 392 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, robbery, common intention, haraabah---appreciation of evidence---Identification parade---Scope---accused were charged that while committing robbery they murdered the father of complainant by firing---Record showed that the role attributed to the accused by the witnesses during identification parade was contradictory and conflicting---Said witnesses not only did not support each other on material particulars rather were at variance and the said statements were contradictory to their statements recorded by the court---apparent contradictions qua the role attributed to the accused during the course of identification parade and the improvements made in the court were sufficient to reduce the worth of the identification parade rendering their evidence inadmissible, as if one witness was believed that belied other witness and vise versa---Whole process of identification parade became suspicious and doubtful for another reason as well because one witness stated that he had gone to the Court of Magistrate for identification parade at about 8:30 to 09:00 a.M. and remained in the Court for about 10/20 minutes whereas according to Judicial Magistrate, Identification Parade proceedings started at 11:00 a.M., so looking the identification parade from whatever angle and perspective it did not meet the required conditions of admissibility---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

MUNAWAR vs State Ss — 2022 YLR 198 FEDERAL-SHARIAT-COURT

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