IFTIKHAR vs State Ss — 2022 YLRN 43 LAHORE-HIGH-COURT-LAHORE

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

IFTIKHAR VS State Ss. 302, 337-F(iii), 394, 397, 109, 411 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, mutalahimah, person voluntarily causing hurt in committing or attempting to commit robbery, robbery or dacoity with attempt to cause death or grievous hurt, abetment, dishonestly receiving stolen property, common intention---Appreciation of evidence---Benefit of doubt---Test identification parade---Infirmities---Prosecution case was that during the commission of robbery, one person was killed and other sustained injuries due to firing made by the accused---Occurrence took place at 4:45 p.m. whereas identification parade was held after about three months---Both the accused while raising objection during identification parade stated before the Judicial Magistrate that they were under custody for the last three months---Witnesses had seen them in police lockup and also made their photographs---Judicial Magistrate admitted in his cross-examination that the accused persons were put to the test of identification parade without concealing their apparent identification marks---Surely the witnesses could conveniently identify the accused persons from those identification marks and it would be a defect of the identification parade--- 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.

IFTIKHAR vs State Ss — 2022 YLRN 43 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported