Khayal Bacha vs Ijaz Hussain Ss — 2024 YLR 2147 FEDERAL-SHARIAT-COURT

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Khayal Bacha VS Ijaz Hussain Ss. 302(b), 427, 468 & 471---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-amd, mischief and thereby causing loss or damage to the amount of fifty rupees or upwards, forgery, using as genuine a forged document, haraabah, possession of illegal weapon---appreciation of evidence---Test Identification Parade---Lapses---accused was charged for committing murder of the brother of a witness during haraabah---To prove the culpability of the accused, prosecution relied upon proceedings of identification parade, conducted by Judicial Magistrate, wherein three witnesses identified the accused---Magistrate admitted in his cross-examination that accused raised objection that he was shown to witnesses prior to identification parade but the Magistrate did not further probe the matter nor did he give any finding on the said objection---Magistrate also admitted on 09.03.2023 that the accused, who was un-muffled, was produced in his Court for recording confessional statement and remained in the Court with him for sufficient time for pondering---Hence, opportunity to see the accused by the witnesses, who were also stated to be in the Court premises on 09.03.2023, could not be ruled out---Brother of deceased/witness admitted in his cross-examination that Investigating Officer was in the knowledge of his SIM number, therefore, there might be possibility of sharing photos of the accused by Investigating Officer with said witness---Moreover, total number of persons associated in the identification parade were 13 in number---However, the names and particulars of the dummies in order to suggest similarity of description did not find mention in the said report, which was another factor to rule out the report of identification parade from consideration---appeal against conviction was allowed, in circumstances.

Khayal Bacha vs Ijaz Hussain Ss — 2024 YLR 2147 FEDERAL-SHARIAT-COURT

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