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Nazir Ahmed vs State S — 2026 MLD 325 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2026 MLD 325 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2026
Reporter
MLD
Parties
Nazir Ahmed vs State S
Subject matter
Criminal
Provisions referred to
S. 380; S. 103; Pakistan Penal Code (XLV of 1860)

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

Nazir Ahmed VS State S. 380/457---Pakistan Penal Code (XLV of 1860), Ss. 380 & 457---House-breaking by night and theft in a dwelling house---Appreciation of evidence---Identification parade, necessity of---Prosecution case was that unknown culprits broke into the house of the complainant during the night and stole valuable gold ornaments and cash---Accused was arrested after a few months on the basis of a disclosure statement made in another case, and the stolen property was allegedly recovered from his joint residential house---Validity---No identification parade was conducted through the complainant or witnesses during the investigation to establish the identity of the accused, despite the fact that the accused was not previously known to them and was not named in the FIR---Identification parade is a crucial piece of corroborative evidence when the accused is a stranger to the witnesses, and failure to hold an identification parade renders the subsequent identification in court during trial of little evidentiary value---Moreover, the recovery of stolen property was effected from a residential house which was jointly occupied by other family members, and independent witnesses from the locality were not associated at the time of the alleged recovery in mandatory compliance with S. 103, Cr.P.C.---Mandatory provisions of S. 103, Cr.P.C. were flouted by the police without offering any plausible explanation for not calling respectable inhabitants of the neighborhood to witness the search and recovery---Prosecution failed to connect the accused with the commission of the alleged crime through any reliable or unimpeachable evidence---Appeal against conviction was allowed, and the accused was acquitted of the charge.

Other judgments reported in 2026 MLD

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