ABID vs State Ss — 2024 PCrLJ 790 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PCrLJ 790 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PCRLJ
Parties: ABID vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---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

ABID VS State Ss. 302(b), 363, 365-a, 376(ii) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, kidnapping, kidnapping or abducting with intent to secretly and wrongfully confine person, kidnapping or abducting a person under the age of fourteen, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Test identification parade---Infirmities---accused were charged for committing rape with the daughter of the complainant after kidnapping her---as for the identification parade it was carried out in such a manner that no reliance could be placed on it---Firstly it was a joint identification parade which practice was deprecated by the Superior Courts---Secondly, the dummies being 27 in total were all collected by the police and even an aSI from the same Police Station which was investigating the crime was made to be a dummy---Thirdly, no CNIC's or any details of the dummies were taken and as such it was found that the identification parade was not carried out in accordance with the relevant legal procedures which greatly undermined its legal value and no reliance could be placed on it---Circumstances established that the prosecution failed to prove its case against the accused persons beyond shadow of any doubt---appeal against conviction was accordingly allowed.

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