MUHAMMAD IBRAHIM vs State Ss — 2023 YLR 680 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 680 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD IBRAHIM vs State Ss
Subject matter: Criminal

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

MUHAMMAD IBRAHIM VS State Ss. 392 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Robbery, common intention---Appreciation of evidence---Benefit of doubt---Test identification parade---Scope---Accused were charged for snatching tractor, cash amount, a Mobile Phone and one wrist watch from the complainant---Record transpired that during investigation the identification parade of the accused was carried out under the supervision of Judicial Magistrate---Complainant identified the accused during identification parade as one of the culprits, who had snatched his tractor and other valuables---Record showed that at the time of commission of crime, all the accused persons had masked their faces---Question arose that if all the culprits were muffled faces and more particularly the occurrence had taken place in the dark of night then as to how the complainant could identify the accused as one of the culprits---Identification of the accused during the Trial Court and keeping mum whilst recording his Court statement created sufficient doubts in a prudent mind---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.

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