SHAMSUDDIN vs MUHAMMAD ASIF Ss — 2023 YLRN 54 KARACHI-HIGH-COURT-SINDH

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SHAMSUDDIN VS MUHAMMAD ASIF Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art.22---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Test identification parade--- Infirmities---Scope---Allegations against the accused were that he and co-accused duly armed with daggers in furtherance of their common intention stabbed dagger blows to deceased and committed his murder---Admittedly, identification parade of co-accused was conducted through eye-witness of the alleged incident and on his pointation the accused were arrested therefore, the identification parade of co-accused in the present case through said eye-witness could not be safely relied upon---Complainant was eye-witness of the incident but no identification was held through him---Said aspect of the case also created doubt in the prosecution case so far as the case of co-accused was concerned---Memo. of identification parade as well as the evidence of Judicial Magistrate showed that descriptions of dummies/suspects were not mentioned in the memo of identification parade---Presence of another eye-witness at the place of incident also appeared to be doubtful as the alleged incident took place at 0900 hours and nothing was on record to show that why and under what circumstances he was available at the place of incident at that time---Identification parade through said witness had lost its sanctity---Appeal against acquittal was dismissed, in circumstances.

SHAMSUDDIN vs MUHAMMAD ASIF Ss — 2023 YLRN 54 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported