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

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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---Reappraisal of evidence---Test identification parade---Evidentiary value---Scope. Accused were charged for committing murder of brother of complainant. Test identification parade was conducted on 20.08.2015 at Central Jail in presence of Judicial Magistrate. During identification proceedings, complainant, widow of deceased and domestic servant correctly identified petitioners-convicts as the same persons who had entered the house of deceased and committed his murder. Judicial Magistrate conducted identification parade after complying with all legal formalities. Testimony of Judicial Magistrate along with identification memo and report prepared by him established that proceedings were conducted strictly in accordance with requirements of law and relevant Rules and Orders. The prosecution witnesses, Judicial Magistrate and Investigating Officer were subjected to extensive cross-examination, however, defence failed to extract anything which could suggest that accused persons were previously shown to witnesses before holding of identification parade. Identification parade was conducted separately for each accused and all possible safeguards were adopted to ensure fairness and reliability of proceedings. Identification of accused persons by eyewitnesses during properly conducted identification parade constituted reliable evidence. Both eyewitnesses specifically attributed role of firing upon deceased to petitioner-convict "F". In circumstances, conviction of petitioner-convict "F" recorded through impugned judgment was maintained, however, death sentence was commuted to imprisonment for life. Conviction and sentence of remaining petitioners-convicts did not call for interference. Petition was converted into appeal and partly allowed.

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

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