MUHIBULLAH vs State Ss — 2023 YLR 1094 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1094 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHIBULLAH 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

MUHIBULLAH VS State Ss. 302(b) & 397---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery---Appreciation of evidence---Benefit of doubt---Delay in conducting identification parade---Effect---Accused was charged for committing murder of the brother of the complainant by firing---According to the statement of Judicial Magistrate, the identification parade was held eight days after the arrest of accused persons---Prosecution had not explained the delay caused in conducting the identification parade of accused persons---Identification parade of the said accused persons was held in the Police Station where they were in custody during the investigation of the case---Judicial Magistrate in his deposition before the Court and in the certificates, had not mentioned that at the time of identifying the said accused persons, the witnesses had described the role of each accused regarding the offence---Besides the witnesses in their S.161, Cr.P.C. statements had not furnished the physical as well as face features and characteristics of each accused, therefore, the evidence of identification parade had lost its evidentiary value and relevance under Art. 22, the Qanun-e-Shahadat, 1984---Circumstances established that the prosecution had failed to prove the case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances and accused persons were acquitted.

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