MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2023 PCrLJN 80 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN 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---Sentence, reduction in---Test Identification parade---Scope---accused were charged for committing murder of the son of complainant by firing---Prosecution case primarily rested on the sole eye-witness to the murder of the deceased---Said witness was not a chance witness as he was the driver of the deceased who came to drive him to court and as such was a natural witness as corroborated by the complainant who was father of the deceased---Said witness was named in the FIR and he gave his eye-witness statement under S. 161 Cr.P.C. within a day of the incident and there had been no material improvement in it from his evidence---Said witness was not related to the deceased and was an independent witness who had no reason to falsely implicate the accused---Incident was a day light occurrence as the firing was from close range the witness would have gotten a good look at the accused for a reasonable period of time---Said witness picked out the accused at an identification parade with a specific role about two years after the incident as corroborated by the Judicial Magistrate who conducted the identification parade about twelve days after the arrest of the accused which delay had been explained in the evidence---Even otherwise, the slight delay in holding the identification parade was not of much consequence---all procedural requirements were in place during the identification parade---Eye-witness gave his evidence in a natural and straightforward manner and emerged undented from a lengthy cross-examination and as such there was no reason to doubt his evidence---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond any shadow of doubt, however the alternate sentence of life imprisonment was available, based on the particular facts and circumstances of each case it was sometimes preferable to preserve life as it was found in the present case, thus, death sentence was converted into imprisonment for life---appeal against conviction was dismissed with modification in sentence.

MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2023 PCrLJN 80 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported