USMAN AHMED vs State Ss — 2025 SCMR 1442 SUPREME-COURT

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USMAN AHMED VS State Ss. 302(b) & 392---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery---Reappraisal of evidence---Test identification parade---Infirmities---Accused were charged for committing murder of the son of complainant during robbery---Record revealed that appellant had joined the police investigation before any identification proceedings took place, admittedly appearing before the Investigating Officer---In the test identification parade that followed appellant's arrest, appellant raised the objection that he had earlier been shown to the complainant party and eyewitness and that his photos were taken---Such objections were duly recorded in the identification proceeding report, prepared by the Magistrate---Although, the Investigating Officer had categorically denied the presence of the eye-witness at any place where appellant would have been in his view prior to the identification proceedings, this claim did not withstand scrutiny since the eye-witness would have had disconcertingly easy access to appellant long before any identification proceedings took place---Trial Court had not addressed appellant's objections and the High Court had observed that the identification parade to the extent of appellant had not been believed by the (High) Court---In cases where the accused might have been seen by the identifying witness prior to the test identification parade, the identification proceedings carried no evidentiary value---Abundant possibility that appellant was seen by the eyewitness before identification proceedings took place confirmed its doubtful credibility and therefore nullified any value the test identification parade may have had, even as a corroborative piece of evidence---Prosecution's failure to independently link appellant to the crime gave rise to reasonable doubt---Circumstances established that the charges levelled against appellant had not been proved by the prosecution beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

USMAN AHMED vs State Ss — 2025 SCMR 1442 SUPREME-COURT

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