MUSHTAQ AHMED vs State S — 2023 PCrLJ 1823 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1823 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MUSHTAQ AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

MUSHTAQ AHMED VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd---Appreciation of evidence---Non-conducting of identification parade of the accused---Effect---Accused was charged for committing murder of the uncle of the complainant---Record showed that the witness, who first visited the room/office of the deceased, where he found him dead, deposed that he saw a young boy there, but after arrest, the prosecution did not conduct identification parade of the accused through said witness, which also gave rise to doubts that why the Investigating Officer did not conduct identification parade---Thus, a presumption could be drawn that the said witness did not support the stance of prosecution---Circumstances established that the prosecution had failed to bring home guilt of accused---Appeal against conviction was allowed accordingly.

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