NADEEM alias MANGA vs State Ss — 2023 MLD 562 KARACHI-HIGH-COURT-SINDH

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NADEEM alias MANGA VS State Ss. 302(b), 324, 114 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention, act of terrorism---appreciation of evidence---Test identification parade---Scope---accused were charged for committing murder of the brother of complainant by firing---Eye-witness stated that he had seen three persons come on a motor cycle near his thelha two of whom got off the motorcycle and went into the shop of the deceased and fired upon him with pistols which caused his death---Six weeks later he picked out all the accused at an identification parade held by Judicial Magistrate---although it was a day light incident, however eye-witness appeared to be a chance witness---Eye-witness did not know any of the accused persons prior to the incident and would have only got a fleeting glance at them during a dangerous and traumatic incident---Eye-witness could not prepare a sketch of the accused on the day of the incident as he was unable to describe the features of the accused it beg the question as to how he could have possibly correctly identified the accused at the identification parade which was held six weeks later---Even otherwise it was found that the identification of that eye-witness of the accused at the identification parade to be of little value as prior to the identification parade a news paper published a picture/photograph of all the accused allegedly involved in the murder which could easily have been seen by the eye-witness which was also pointed out by the accused to the Judicial Magistrate during their identification parade---Other eye-witness stated during his evidence that one of the culprit was wearing black colour mask, who restrained him and caused fire shots to deceased---Remaining one accused was with green mask and third one was wearing helmet---If the evidence of second eye-witness was to be believed then it directly contradicted the evidence of first eye-witness as according to that eye-witness he was able to recognize the accused which would have been impossible if the accused were wearing masks---Such was a material contradiction which could not be overlooked with regard to the sensitive and crucial issue of identification keeping in view the other holes in the evidence of the eye-witness identification evidence of eye-witness---Eye-witness appeared to be a stock police eye-witness who gave evidence for the prosecution in a different cases as eye-witness on behalf of the police---Having found that the eye-witness would not have been able to correctly, safely and reliably identify the accused if seen again the conduct of the identification parade become inconsequential---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

NADEEM alias MANGA vs State Ss — 2023 MLD 562 KARACHI-HIGH-COURT-SINDH

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