SUBHA SADIQ vs State Ss — 2025 SCMR 50 SUPREME-COURT

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SUBHA SADIQ VS State Ss. 302(b), 324, 353, 186 & 34---anti-Terrorism act (XXVII of 1997), Ss. 7 & 21-L---Qanun-e-Shahadat (10 of 1984), art. 22---Murderous assault on police, acts of terrorism---Reappraisal of evidence---Test identification parade---Infirmities---In the present case the test identification proceedings were fraught with serious infirmities and, therefore, could not be relied upon for handing down the conviction---Proceedings were conducted and supervised by a Judicial Magistrate, 1st Class, who had admitted in his testimony that the features of the petitioner and the eight dummies were not recorded in the report---It was unlikely that the two police officials who had arrived at the crime scene after the incident had taken place could have identified the accused who had fired at the deceased---None of the witnesses had attributed a specific role to the petitioner---In the facts and circumstances of the case it could not be ruled out that the witnesses of the test identification proceedings may have seen the petitioner after his arrest---It also appeared from the deposition of the Judicial Magistrate, who had supervised and conducted the test identification proceedings that he was not familiar with the guidelines and principles enunciated by the Supreme Court regarding the test identification proceedings---Probity and evidentiary value of the test identification proceedings were definitely questionable and, thus, could not have been relied upon for the purposes of handing down the conviction---Petition was converted into an appeal and allowed, the impugned judgment of the High Court was set aside, and the appellant was extended the benefit of doubt---Consequently, his conviction and sentence were set aside.

SUBHA SADIQ vs State Ss — 2025 SCMR 50 SUPREME-COURT

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