RASHID vs State S — 2025 SCMR 868 SUPREME-COURT

Case information

Citation: 2025 SCMR 868 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: RASHID vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

RASHID VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 22---High Court (Lahore) Rules and Orders, Volume III, Chapter 11, Part-C---Police Rules 1934, Volume 3, Chapter 26, R. 26.32---Qatl-i-amd---Re-appraisal of evidence---Identification parade---Accused persons were convicted by Trial Court for qatl-i-amd and were sentenced to death---Validity---Separate statements of witnesses were not recorded by Magistrate who conducted identification parade---Prosecution witness who identified accused persons by their names, had come to know about the names when Magistrate called accused persons by their names---Magistrate admitted that the witness did not identify any of the accused with their specific role at the time of occurrence---Other prosecution witnesses also did not identify nor mention specific roles of accused persons---For proper dispensation of justice while carrying out identification parades, parameters as enshrined under Article 22 of Qanun-e-Shahadat, 1984 read with Volume III of Chapter 11, Part-C of High Court (Lahore) Rules and Orders and Rule 26.32 of Chapter 26, Volume 33 of Police Rules, 1934 had to be fulfilled---Prosecution failed to discharge its initial burden to prove case against accused beyond shadow of doubt---Supreme Court set aside conviction and sentence awarded to accused and acquitted accused persons of the charge---Appeal was dismissed.

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