Saddam Hussain vs State Ss — 2025 YLR 2259 FEDERAL-SHARIAT-COURT

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Saddam Hussain VS State Ss. 302(b), 392 & 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Statement of the accused---Material not put to accused during his statement recorded under S.342, Cr.P.C---Effect---Accused were charged for committing murder of the owner of petrol pump and looting an amount of Rs. 200,000/- and other documents---As per statement of complainant, he participated in the identification test parade and he identified the accused persons as culprits---Identification of the stolen iron box had not been specifically put to any of the accused in their statements under S.342, Cr.P.C---Therefore, the statement of complainant to that extent could not be used against the accused persons---Judicial Magistrate who conducted the test identification parade had not given any details of conducting the test identification parade, thus the prosecution even failed to prove the proceedings in that regard---Further the question regarding the conducting of test identification parade by said witness had not been put specifically to any of the accused under S.342, Cr.P.C., in a clear manner; merely putting the reports of test identification parade was not sufficient---Circumstances established that the prosecution failed to prove the charge against the appellants beyond a shadow of doubt---Appeal against conviction was allowed, accordingly. Citation Name: 2025 YLR 2259 FEDERAL-SHARIAT-COURTBookmark this Case Saddam Hussain VS State Ss. 302(b), 392 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Recovery of weapon of offence, crime empties and currency note, etc.---Inconsequential---Accused were charged for committing murder of the owner of petrol pump and looting an amount of Rs. 200,000/- and other documents---In the present case regarding the pieces of evidence in the form of recoveries of pistol and the crime empty recovered from the place of occurrence, report of Forensic Science Laboratory disclosed that all the weapon and the crime empty were received in the office on 29.07.2020, from the office of Additional Superintendent Police together, which by itself lost its evidentiary value and could not be used safely for the purpose of corroboration---Recovery of currency note was allegedly made from the accused persons but fact that they failed to spent a penny out of the robbed two lac rupees was not appealable to ordinary prudence---Circumstances established that the prosecution failed to prove the charge against the appellants beyond a shadow of doubt---Appeal against conviction was allowed, accordingly. Citation Name: 2025 YLR 2259 FEDERAL-SHARIAT-COURTBookmark this Case Saddam Hussain VS State Ss. 302(b), 392 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Test identification parade, conducting of---Infirmities---Accused were charged for committing murder of the owner of petrol pump and looting an amount of Rs. 200,000/- and other documents---In this case, Judicial Magistrate conducted the test identification parade on 30.07.2020 inside the Central Jail, and stated that complainant identified all the accused present in Court during the test identification parade and also identified the iron box recovered from the accused but said witness had not named any of the particular of accused nor assigned any role to any of them during the statement before the Court---Said witness did not ask any objection from the accused persons nor recorded statement of the witness regarding the identification---Judicial Magistrate prepared identification form of each of the accused and certificates and also the iron box---In this case, the Investigating Officer stated that on 28.07.2020 every accused and the recovered stolen property were got identified from the complainant---Whereas the test identification parade was conducted on 30.07.2020, therefore, it had come on record that the accused had been exposed to the first informer, complainant prior to the holding of test identification parade---Therefore, the very purpose for holding a test identification parade died---It was an admitted position that features of the culprits had not been stated by complainant in the FIR or before the Court and no role of any of the accused whatsoever had been ascribed by him before the Court---Circumstances established that the prosecution failed to prove the charge against the appellants beyond a shadow of doubt---Appeal against conviction was allowed, accordingly. Citation Name: 2025 YLR 2259 FEDERAL-SHARIAT-COURTBookmark this Case Saddam Hussain VS State art. 22---Test identification parade---Scope--- Test identification parade is a corroborative piece of evidence and corroborates the testimony of a witness recorded before the Court regarding the identification of the culprits and is test of his memory and acumen, as he has a chance to have the glimpses of the culprits at the awkward stage of the commission of occurrence---Test identification parade has to be conducted with the safeguards and precautions under the supervision of the Magistrates.

Saddam Hussain vs State Ss — 2025 YLR 2259 FEDERAL-SHARIAT-COURT

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