Shahid Mahmood alias Demo vs State Ss — 2025 MLD 1685 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1685 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Shahid Mahmood alias Demo vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q; S. 161; S. 342

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

Shahid Mahmood alias Demo VS State Ss. 302 & 396---anti-Terrorism act (XXVII of 1997), S. 7---Qanun-e-Shahadat (10 of 1984), art. 22---Qatl-i-amd, robbery, act of terrorism---appreciation of evidence---Benefit of doubt---Test identification parade---Delay of twenty months in conducting identification parade---accused were charged for committing murder of son of complainant and a passerby by firing during robbery and also causing firearm injuries to security guard---Incident took place on 29.08.2018, but the identification parade was conducted after more than 20 months on 30.04.2020---No explanation had been offered for that considerable delay---Similarly, no features of the appellant and his co-accused had been described in the crime report as well as statements of witnesses under S.161, Cr.P.C.---In that way, identification parade had no legal worth---according to the prosecution's case when the appellant had already been nominated by his co-accused, then subsequent identification parade lost its significance---Said identification parade was never put to the appellant in his statement under S.342, Cr.P.C.---If any piece of prosecution evidence, which had not been put to accused in his statement under S.342, Cr.P.C, did not have any legal sanctity---Circumstances established that the prosecution had miserably failed to prove the guilt of the appellant beyond reasonable doubt---appeal against conviction was allowed, accordingly.

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