Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

Law: Penal Code (XLV of 1860)

Section: 302(b),170,171,457,148

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22---Identification parade---Principle---Evidence of identification parade would lose its efficacy and cannot be relied upon, if prosecution witnesses would not describe the role played by each of the accused at the time of commission of the offence---Same would be the position, if prosecution witnesses, while making statements in the Court, would also not attribute any individual role to the accused played by them during the occurrence. Ghulam Rasool and 3 others v. The State 1988 SCMR 557 and Siraj-ul-Haq and another v. The State 2008 SCMR 302 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 170, 171, 457 & 148---Appreciation of evidence--No motive was ascribed to the accused for commission of the crime---Prosecution had not examined any witness mentioned in the F.I.R. at the trial---Alleged eye-witnesses, admittedly inmates of the house of occurrence, had appeared before the Investigating Officer for the first time after four months of the incident without any explanation and they in the test identification parade had not described any individual role of accused during the occurrence---No weapon of offence was recovered from the accused-Effect-Nobody could be punished unless proved guilty on the basis of reliable evidence---Benefit of doubt was given to accused in circumstances and they were acquitted accordingly. Ghulam Rasool and 3 others v. The State 1988 SCMR 557; Siraj-ul-Haq and another v. The State 2008 SCMR 302; Muhammad Yasin alias Raja v. The State and others 2009 SCMR 84 and Imran Ashraf and 7 others v. The State 2001 SCMR 424 ref. JUDGMENT CH. MAHMOOD AKHTAR KHAN, J.--- This judgment will dispose of Criminal Appeal No.42 of 2008 filed by Muhammad Imran and Criminal Appeal No.60 of 2008 filed by Tahir Mehmood who were tried by learned Additional Sessions Judge, Attock in case F.I.R. No.18, dated 19-1-2005 under sections 302, 457, 170, 171, 148, 149. P.P.C. registered with Police Station Saddar Hassan Abdal District Attock and were convicted and sentenced to imprisonment for life with further direction to pay a sum of Rs.1,00,000 each as compensation under section 544-A, Cr.P.C. to the legal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492