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SAHIB SHAH vs State Ss — 2024 PCrLJ 396 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 396 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
SAHIB SHAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---K; S. 15---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

SAHIB SHAH VS State Ss. 324, 353, 427 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Qanun-e-Shahadat (10 of 1984), art. 22---attempt to commit qalt-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees, common intention, possession of unlicensed weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Test identification parade---Infirmities---accused was charged that he along with his co-accused made firing upon the police party, due to which complainant sustained firearm injury---allegedly, after the arrest of the accused, he was duly identified by the complainant in a test identification parade conducted by Judicial Magistrate---However, to prove the same the prosecution examined Stenographer and he deposed that the proceedings were conducted by the said Judicial Officer---Said witness in his cross-examination stated that the said Judicial Officer was alive---When the complainant in his initial report i.e. murasila had already named the accused, then there was no need of test identification parade and the manner the same was exhibited was also not permissible by law---So the identification parade had also got no legal value in the facts and circumstances of the case---appeal was allowed and accused was acquitted of the charge.

Other judgments reported in 2024 PCRLJ

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