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Usama Ali vs State Ss — 2025 YLR 427 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 YLR 427 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
YLR
Parties
Usama Ali 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

Usama Ali VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Identification and comparison of recovered shoes of accused doubtful---Accused was charged for committing murder of the son of complainant along with his two friends by firing---Identification and comparison of recovered shoes of accused/appellant was yet another issue with the prosecution---Investigating Officer deposed that on 19.09.2016, he was present in HIU Office when two witnesses appeared before him and joined the investigation to whom he showed one right shoe which was recovered by him on the lead of accused/appellant---After comparison and identification by the witnesses that both shoes were of same person, he prepared memo. of identification duly signed by the witnesses---Arrangement for identification of shoes was not recognized by law, particularly when Investigating Officer admitted that the chappal (sandal) of rubber/leather was not compared by him from the accused and also could not tell the size and company of rubber shoe---Investigating Officer had not recorded the statement of any witness who could have deposed about the fact that they had seen the accused/appellant wearing such shoes on such and such occasion---Moreover, there were so many shoes of the same company owned by many other persons---Thus, prosecution had failed to prove that recovered shoes belonged to the accused/appellant---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 YLR

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