| Citation(s) |
|---|
| 2004 SLG 2500 2004 SLD 2500 2004 PCRLJ 1399 |
Peshawar High Court
Criminal Appeal No. 114 of 2003, decided on 31st May, 2004. DATE of hearing: 15th April, 2004
IJAZ-UL-HASSAN KHAN, J
Najibullah Khan Marwat for Appellant. S. Gohar Ali Zaidi for the State
Criminal Appeal No. 114 of 2003, decided on 31st May, 2004. DATE of hearing: 15th April, 2004
IJAZ-UL-HASSAN KHAN, J
Najibullah Khan Marwat for Appellant. S. Gohar Ali Zaidi for the State
ALAMGIR KHAN alias ALAMU
VS
THE STATE and another
Law:
Section:
(a) Penal Code (XLV of 1860)------S. 392---Appreciation of evidence---Accused was correctly identified by complainant twice in identification parade---No illegality was pointed out in conducting identification parade---Argument that possibility of arranging 30 persons for the purpose of identification test was too remote, such minute particulars could, of course, .be emphasized, had identification test been the sole evidence to connect accused with the crime---Ample evidence existed to establish prosecution case, therefore, it could not be presumed that identification test was a managed affair, but on the whole, was trustworthy---Delay in conducting identification test was not exorbitant as said test was held on the following day, of arrest of accused in which accused was correctly picked up and identified as one of accused persons---Complainant had charged accused…
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