MOHAMMAD DANISH REHMANI vs State Ss — 2024 MLD 474 KARACHI-HIGH-COURT-SINDH

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MOHAMMAD DANISH REHMANI VS State Ss. 302, 119, 109 & 34---anti-Terrorism act (XXVII of 1997), S 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, public servant concealing design to commit offence, abetment, common intention, act of terrorism---appreciation of evidence---Test identification parade---Infirmities---accused was charged for committing murder of the brother of the complainant by firing---Eye-witness recognized the accused one year and two months after the incident before an identification parade when called by the new Investigating Officer who somehow miraculously came across his details despite the eye-witness not even being mentioned in his supplementary challan---Eye-witness had not given any hulia of the accused to anyone prior to the identification parade---accused was in police custody until the identification parade and claimed that he was shown to the eye-witness by the police prior to the identification parade and even in his evidence the eye-witness stated that he had identified the accused six years back and now he could not memorize who he had identified and therefore in court he would not be able to identify the accused whom he identified before the Judicial Magistrate---Identification parade was carried out one month after the alleged arrest of the accused by the police and no explanation had been given for such delay and throughout that time the accused remained in police custody who could be shown to any potential eye witness prior to any identification parade---Circumstances established that the prosecution had not proved its case against the accused beyond shadow of doubt---appeal against conviction was allowed accordingly.

MOHAMMAD DANISH REHMANI vs State Ss — 2024 MLD 474 KARACHI-HIGH-COURT-SINDH

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