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MUHAMMAD ASIF alias ASHO vs State Ss — 2024 YLR 1217 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1217 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
MUHAMMAD ASIF alias ASHO vs State Ss
Subject matter
Criminal

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 ASIF alias ASHO VS State Ss. 302(b) & 34---Qanun-e-Shahdat (10 of 1984), Art. 22---Qatl-i-amd, common intention---Appreciation of evidence--- Benefit of doubt---Identification parade---Accused were charged for committing murder of the deceased by firing---Prosecution witness had deposed before the trial Court that accused persons were the same persons who committed murder of deceased; however, he had not assigned such specific role at the time of their identification parade---Since no body structure and special features of the accused persons were given under the FIR and subsequently were not pointed out by the witnesses at the time of their identification to be the persons of same features, such identification parade could not be taken into consideration more particularly when alleged eye-witnesses had a good look at the accused so as to rely on their testimony---Per evidence, adduced before the trial Court, complainant as well as eye-witnesses had categorically deposed that there was darkness due to "Maghrib prayers" time, therefore, they could not identify the accused---Appeal against conviction was allowed, in circumstances.

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