TAHSEEN ULLAH vs State Ss — 2025 SCMR 2018 SUPREME-COURT

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TAHSEEN ULLAH VS State Ss. 302(b), 324, 392 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, common intention---Reappraisal of evidence---Test identification parade---Allegations against the accused-petitioners were that they committed murder of the brother-in-law of complainant by firing during robbery---An identification parade of the petitioners was conducted on 12.04.2016 through the complainant within the premises of Central Jail under the supervision of the Executive Magistrate---Primary object of a test identification parade was to enable a witness, who claimed to have seen the offender(s) at the time of the commission of the offence, to identify the accused person(s) from amongst a number of other persons with similar physical characteristics---In the said identification parade, both petitioners were duly identified by the complainant as the perpetrators of the offence also pinpointing their roles---Complainant, in his testimony, had furnished a minute and consistent account of the mode, manner and circumstances in which he identified the petitioners during identification parade---Complainant's evidence in that regard was corroborated by the testimony of the Executive Magistrate who supervised the parade---Moreover, the complainant was able to specify the distinct role played by each petitioner---According to complainant, petitioner "TU" fired at the deceased, while petitioner "SK" obstructed the Mazda Truck by positioning himself in front of the vehicle on the road---Same version was reiterated by complainant in his Court statement---Complainant's identification was so certain and confident that he categorically deposed in his statement that he could recognize the assailants even if they were placed among hundreds of persons---Despite being subjected to lengthy and extensive cross-examination, no material contradiction or inconsistency could be extracted from his testimony that might cast doubt on his credibility or reliability---Circumstances established that the prosecution had proved its case against the petitioners beyond any shadow of doubt, however due to some extenuating/mitigating circumstance in the matter of sentence, the instant petition to the extent of petitioner "TU", was converted into an appeal and was partly allowed in the terms that his conviction under Section 302(b), P.P.C., was maintained, however, the sentence of death awarded to him was commuted to rigorous imprisonment for life---As regards conviction and sentence of petitioner "SK", no ground was found for interference in the impugned judgment---Petition to the extent of petitioner "SK" was therefore, dismissed and leave to appeal was refused.

TAHSEEN ULLAH vs State Ss — 2025 SCMR 2018 SUPREME-COURT

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