MASTER JUMAN BURIRO vs State Ss — 2022 YLR 299 KARACHI-HIGH-COURT-SINDH

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MASTER JUMAN BURIRO VS State Ss. 365-a, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Kidnapping or abduction for extorting property, valuable security, etc., abetment, common intention, act of terrorism---appreciation of evidence---Test identification parade---Infirmities---accused were charged for kidnapping the brother of complainant for ransom---Identification parade of the accused before Judicial Magistrate was held after about 13 days of the arrest through abductee, whereas no identification parade of the remaining co-accused was held---No explanation of any sort for such inordinate delay in holding identification parade had been furnished---Memo of identification parade revealed that alleged abductee, during the course of identification parade, did not point out at the accused persons by discribing their role in the commission of alleged offence; such identification parade was not held in accordance with the principles of law, which casted serious dent upon the same---Memo of identification revealed that names of the dummies standing in the row at the time of such parade, were not mentioned therein---No identification parade had been held through eye-witnesses of the incident---In the memo of identification parade produced by the Judicial Magistrate in his evidence, a column of signature of Investigating Officer was available; in original of the same the signature(s) was not available but in the copy supplied to accused, signature of Investigating Officer was available---Said lacuna/ infirmity in the memo of identification parade also created serious doubt---Circumstances established that prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed.

MASTER JUMAN BURIRO vs State Ss — 2022 YLR 299 KARACHI-HIGH-COURT-SINDH

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