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ALI HAIDER vs State Ss — 2023 MLD 1289 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 MLD 1289 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
MLD
Parties
ALI HAIDER vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

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

ALI HAIDER VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Identification parade---Infirmities---accused were charged for committing murder of the deceased by firing---Record showed that the witnesses and the accused persons were kept at the same police station before reaching the Judicial Magistrate for identification parade, therefore, it could not be ruled out that the complainant and eye-witnesses had opportunity to see the accused persons---Record did not transpire that police had taken precautionary measures necessary to conceal the identity of the accused persons to ensure that the accused should not be seen by the witnesses prior to identification parade---Record showed that besides suffering from other legal infirmities which had been overlooked by the Trial Court, the identification parade also carried an inherent defect that the complainant and eye-witnesses did not describe the role played by each of the accused persons at the time of the commission of offence---In this case, the identification parade was held at a C.T.D., Police Station---Judicial Magistrate, while conducting the identification parade had not taken an intelligent interest in the proceedings and had not prepared a list of all the persons who formed part of the line up at the parade along with their parentage, occupation and addresses---Thus, identification parade was conducted by the Judicial Magistrate in violation of law---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---appeal against conviction was allowed accordingly.

Other judgments reported in 2023 MLD

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