MUHAMMAD RAMZAN vs State Ss — 2025 SCMR 1742 SUPREME-COURT

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MUHAMMAD RAMZAN VS State Ss. 302(b) & 398---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, attempting to commit robbery or dacoity, when the offender is armed with a deadly weapon---Reappraisal of evidence---Benefit of doubt---Test identification parade---Infirmities---Petitioners were charged for committing murder of the deceased while attempting to commit robbery---Complainant and eyewitness were witnesses of the identification parade of the petitioners and convict "Ch" which was conducted on 08.1.2021 in the premises of Central Jail, under the supervision of Assistant Commissioner/Sub-Divisional Magistrate---Record transpired that identification parade of the petitioners and the convict "Ch" was not conducted by Sub-Divisional Magistrate in accordance with law---During identification parade proceedings objections were raised by the petitioners and the convict that prior to the identification parade, their photographs were taken in the police station but the said objection was not dealt with/attended by Sub-Divisional Magistrate---Identification parade proceedings of petitioners and the convict had been brought on record by the prosecution, according to which, the petitioners and the convict were identified by the witnesses and they were assigned numbers as witness No. 1, witness No. 2, witness No. 3 and witness No. 4 respectively by Sub-Divisional Magistrate---In the identification parade proceedings of petitioner, three witnesses i.e. Nos. 1, 3 and 4 were mentioned thereon but there was no mention in his identification parade proceedings about witness No.2; whereas in the identification parade proceedings of other petitioner and the convict, names of all four witnesses had been mentioned with their correct serial numbers---During the identification parade proceedings, Sub-Divisional Magistrate had recorded statements of four witnesses of the identification parade in narrative form---Identification parade report revealed that the witnesses had simply identified the petitioners and the convict without any reference to their description and without assigning the role allegedly played by each of them in the occurrence---In the circumstances, the identification parade of the petitioners by the witnesses without stating the role allegedly played by them in the occurrence was not inline with Article 22 of the Qanun-e-Shahadat, 1984, hence it was of no evidentiary value and could not be relied upon for conviction of the petitioners---Circumstances established that the prosecution had failed to prove the charge against the petitioners beyond reasonable doubt---Appeal against conviction was allowed, accordingly.

MUHAMMAD RAMZAN vs State Ss — 2025 SCMR 1742 SUPREME-COURT

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