MUHAMMAD ISMAIL vs State Ss — 2022 YLRN 193 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ISMAIL VS State Ss. 302, 460, 397, 109 & 120-B---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, lurking house-trespass or house breaking by night, abetment, criminal conspiracy, haraabah, act of terrorism---appreciation of evidence--- Identification parade--- Infirmities---Prosecution case was that the accused and co-accused duly armed with deadly weapons trespassed into the house of complainant to commit robbery at the instance of acquitted co-accused and during the commission of robbery a witness was murdered---Record showed that joint identification parade was held in the case in which no role was assigned to the accused---according to the Judicial Magistrate, who carried out the identification parade, only eight dummies were used in each identification parade, which meant that in each identification parade there were three accused and only five others---Dummies did not have the same features, therefore, such identification parade could not be safely relied upon to ensure that the accused had been correctly identified as the persons who fired on the deceased with firearms and caused his murder---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.

MUHAMMAD ISMAIL vs State Ss — 2022 YLRN 193 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported