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---Delay of one month in conducting identification parade---Effect---accused were charged for committing murder of the deceased by firing---accused persons were arrested on the day of incident and were admitted in hospital for treatment of injuries allegedly caused by the firing of complainant---according to Investigating Officer, on 27th December, 2018, first accused was discharged whereas the second accused was discharged on 21st December, 2018 and were formally arrested---Identification parade was held on 21st January, 2019 with an unexplained delay of about one month after formal arrest of the accused persons---Such delay created a doubt regarding the identification parade--- Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---appeal against conviction was allowed accordingly.

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