MAQSOOD vs State Ss — 2023 MLD 1938 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1938 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MAQSOOD vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161

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

MAQSOOD VS State Ss. 397 & 337-D---Qanun-e-Shahadat (10 of 1984), Art. 22---Robbery or dacoity with attempt to cause death or grievous hurt, jaifah--- Appreciation of evidence--- Benefit of doubt--- Test identification parade---Infirmities---Accused were charged for causing injuries to the brother of complainant when he restricted them from depriving him from his wallet, cash and other documents---Accused persons were subjected to identification parade with delay of about eleven days of their arrest---Not only the identification parade was conducted by not adopting the guidelines of Supreme Court but even where any witness picked out an accused from dummies line or crowd, even that did not prove that the accused, who was pointed out by witnesses, had committed the guilt or taken part in the commission of offence unless it was corroborated by ocular account or strong circumstantial evidence---Such corroboration was lacking in the present case---Moreover, the delay of eleven days in identification parade of the accused could not be ignored because such delay has been considered to be illegal by the Supreme Court---Further, the injured witness had picked up accused at the time of identification parade to be the person who allegedly fired upon him with pistol, yet that fact was not stated by him in his S. 161, Cr.P.C. statement---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

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