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MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2024 PCrLJ 33 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 33 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q; S. 161; S. 342

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 ISHAQUE alias BOBI alias HUSSAIN VS State Ss. 302(b), 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Test identification parade---Infirmities---accused was charged that he along with his co-accused committed murder of the father of complainant along with two others by firing---In the case the correct identification of the accused by the eye-witness could not be safely relied upon for the reason that he gave no description of the accused in his statement recorded under S. 161, Cr.P.C, and thus he had no bench mark to correctly identify the accused at an identification parade---according to the evidence of eye-witness, he drew the sketches of the accused one day after the incident through the police which would be exceedingly compelling to lead to a correct identification of the accused at a later identification parade---However, according to the evidence of the last Investigating Officer the sketches drawn by the eye-witness did not match the accused in police custody---Eye-witness in his own evidence stated that the accused was shown to him in police custody before the identification parade, as was also claimed by the accused in his S. 342, Cr.P.C. statement, which made the identification parade of no significance---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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