ABDUL MAJEED alias CHEETA vs State Ss — 2022 YLR 587 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 587 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: ABDUL MAJEED alias CHEETA vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL MAJEED alias CHEETA VS State Ss. 302(b), 394 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Delay in conducting the test identification parade---Effect---Accused was charged that he along with his co-accused tried to snatch motorbike from the complainant party, on resistance, accused party made firing upon them, due to which one person died and two persons sustained injuries---Record showed that the identification parade was held with the delay of ten days after the arrest of the accused---Said delay created a lot of doubt regarding the identification parade as the witnesses had various opportunities to see the accused person---Prosecution witnesses, even if they were present at the scene of occurrence, were not in a position to identify the accused owing to the darkness of a winter night---Identification parade had no evidentiary value in the eyes of law and it could not be used against the accused as a corroborative piece of evidence---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused was acquitted by setting aside the convictions and sentences recorded by the Trial Court.

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