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MUHAMMAD TOOR KHAN alias ABDUL REHMAN vs State Ss — 2023 YLRN 42 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 42 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MUHAMMAD TOOR KHAN alias ABDUL REHMAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

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 TOOR KHAN alias ABDUL REHMAN VS State Ss. 364, 365-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Kidnapping or abducting in order to murder, kidnapping or abducting for extorting property, common intention, act of terrorism---appreciation of evidence---Test identification parade---Scope---accused were charged for kidnapping the son of complainant for ransom---Record showed that victim in an identification parade had picked out accused as one of his abductees---Judicial Magistrate due to the young age of the abductee took him two times before the identification parade to ensure the reliability and correctness of his identification of accused to whom he picked out on both occasions---Co-accused was not placed before victim for identification---Logically, victim would be able to pick out accused at the identification parade as he was the person who had kept him at his house for six days and then put him in a taxi for home; victim would have got a good look at accused over that six days period which would not even have made the identification parade necessary---Defence was unable to point out any illegalities in the identification parade---Slight irregularities in the identification parade would not affect the correctness of the identification---appeal against conviction was dismissed, in circumstances.

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