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Syed MUHAMMAD ASIF RAEES vs State Ss — 2024 PCrLJ 284 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 284 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Syed MUHAMMAD ASIF RAEES vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---Q; 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

Syed MUHAMMAD ASIF RAEES VS State Ss. 302(b), 109 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, abetment, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Test identification parade---accused was charged for committing murder of the father-in-law of the complainant by firing---Record showed that there was no evidence that eye-witness gave any hulia/description or drew any sketch of any of the culprits and it had not even come in evidence that he had claimed in his S. 161, Cr.P.C. statement that he could recognize the culprits if he saw them again---On that count as well any identification made of the accused by the eye-witness at the identification parade could not be safely relied upon on account of a lack of hulia prior to the identification parade especially as the accused had claimed that he was shown to the eye-witnesses at the Police Station whilst in police custody prior to the identification parade---Even otherwise, the Magistrate who carried out the identification parade did not give evidence---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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