Muhammad Umar vs State Ss — 2025 YLR 197 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 197 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Umar vs State Ss
Subject matter: Criminal

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

Muhammad Umar VS State Ss. 302(b), 460 & 411---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, person jointly concerned in lurking house-trespass or house-breaking by night, dishonestly receiving stolen property---Appreciation of evidence---Test identification parade---Infirmities---Accused were charged for committing murder of step daughter and granddaughter of complainant and in addition to that stealing some household articles---Record showed that a photo copy of identification parade was produced that too with one page missing wherein only the proceedings to the extent of one witness was mentioned---Judicial Magistrate while appearing before the Trial Court had also not narrated the whole proceedings of identification parade, however, during cross-examination claimed that witnesses had stated the roles of accused but conceded that neither he recorded features of dummies nor mentioned that witnesses had identified the accused with features; he further conceded that he did not verify the objection raised by accused of taking his pictures in the police station---Thus, fact of identification of accused remained unproved---Perusal of record showed that original report of identification parade was available in the file but could not be exhibited in evidence---Moreover, it was a joint identification parade which could not be read against the accused/appellants as the same was defective identification parade---Appeal against conviction was allowed, in circumstances.

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