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FIAZ ALIAS MANSHA vs State — 2026 SCMR 413 SUPREME-COURT

Case information

Citation
2026 SCMR 413 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
SCMR
Parties
FIAZ ALIAS MANSHA vs State
Subject matter
Criminal
Provisions referred to
Pakistan Penal Code; Anti-Terrorism Act (XXVII of 1997)

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

FIAZ ALIAS MANSHA VS State. Sections 302(b) & 34, Pakistan Penal Code, 1860---Anti-Terrorism Act (XXVII of 1997), Section 7---Qatl-i-amd, common intention, act of terrorism---Qanun-e-Shahadat (10 of 1984), Article 22---Reappraisal of evidence---Test identification parade---Safeguards---Scope. Accused were charged for committing murder of brother of complainant. Identification parade was conducted on 20.08.2015 at Central Jail in presence of Judicial Magistrate. During identification parade, complainant, widow of deceased and domestic servant identified petitioners-convicts as the same assailants who had entered house of deceased and committed murder, assigning respective roles to each accused. Testimony of Judicial Magistrate, eyewitnesses, identification memo and report prepared by Judicial Magistrate established that identification proceedings were conducted strictly in accordance with Chapter-II, Part-C, Volume-III of Rules and Orders of Lahore High Court, Lahore. Prosecution witnesses, Judicial Magistrate and Investigating Officer were subjected to extensive cross-examination but defence failed to establish any prior exposure of petitioners-convicts to eyewitnesses before identification parade. Identification parade was conducted in a fair manner and all possible safeguards were observed to prevent opportunity of accused being shown to witnesses before formal identification. Identification parade of each petitioner-convict was conducted separately, enhancing reliability of proceedings. Both eyewitnesses specifically assigned role of firing upon deceased to petitioner-convict "F". Conviction of petitioner-convict "F" was maintained, however, death sentence was commuted to imprisonment for life. Conviction and sentence of remaining petitioners-convicts did not warrant interference. Petition was converted into appeal and partly allowed.

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