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---Infirmities---accused was charged for committing murder of the brother of a witness during haraabah---Record showed that the Magistrate did not incorporate any report about verification of the period, if any, for which the accused had remained in police custody and brought to the Court---Besides, the Magistrate also omitted to comply with requirement of giving certificate in the form prescribed by the High Court (Lahore) Rules and Order---Proceedings of identification test as reflected in memo. and evidence of Judicial Magistrate clearly revealed legal infirmities, which were sufficient to brush aside the identification proceedings---Witness of Identification parade did not give exact date, time and general features of the accused i.e. age, height, weight, and complexion in his statements under Ss.161 & 164, Cr.P.C and at the time of identification parade, thus his testimony had no evidentiary value and could not be considered---Similarly, other witness, who was plying taxi and took the accused in his taxi, did not mention general features of the accused---Said witness produced receipt of taxi service wherein admittedly no name, parentage, address and CNIC number were written---Perusal of receipt revealed that there existed columns of name, address and CNIC of customer but the same were left blank---Hence, in absence of particulars of accused's identity and his general features, evidence of witness did not inspire confidence---appeal against conviction was allowed, in circumstances.

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

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