| Citation(s) |
|---|
| 2012 SLG 2593 2012 SLD 2593 2012 YLR 2481 |
Lahore High Court
Criminal Appeals Nos. 1794 and 1387 and Murder Reference No. 605 of 2006, decided on 21st February, 2012
SH. NAJAM-UL-HASAN AND MEHMOOD MAQBOOL BAJWA, JJ
Rai Bashir Ahmad and Haji Khalid Rehman for Appellants. Sultan Mahmood Dar for the Complainant. Khurram Khan, D.P.G. for the State
Criminal Appeals Nos. 1794 and 1387 and Murder Reference No. 605 of 2006, decided on 21st February, 2012
SH. NAJAM-UL-HASAN AND MEHMOOD MAQBOOL BAJWA, JJ
Rai Bashir Ahmad and Haji Khalid Rehman for Appellants. Sultan Mahmood Dar for the Complainant. Khurram Khan, D.P.G. for the State
MANSOOR AHMAD alias SHAHZAD alias SHEERI and others
VS
THE STATE
Law:
Section:
(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22---Identification parade---Evidentiary value---Parameters enumerated. Following points can be formulated amongst others to be kept in view while determining the legality and evidentiary value of identification test. (a) Identification proceedings should be held as early as possible but no hard and fast rule can be formulated. However, delay in 'holding identification test will reduce its value; (b) Identification test should not be held at police station; (c) Separate identification parade should be conducted for each accused; (d) Whole proceedings of identification test including lining up accused with dummies should be conducted by the Magistrate himself and the assignment should not be delegated to the jail authorities; (e) Prior to conduct of proceedings, concerned authority is under, obligation to conceal the identity of the accused from one place to another place and such measures are not only required to be taken but should be proved to have been taken; (f) It is the duty of Supervising Magistrate to make note of every objection made by accused at the time of parade enabling the court of competent jurisdiction to judge the genuineness of the objection while determining value of identification test; (g) Number of dummy for each accused must be given; (h) Description of dummies as to whether they were of the same structure, age etc. should be mentioned; (i) Number of dummies to be mixed with each accused should not be less than nine or ten; (j) No mark or stamp should be put on the suspected person; (k) The dummies and the suspect should be of same structure. If there is any visible mark on the person of accused (For example, beard), it is advisable to mix up the accused with others of similar appearance; (1) Role of each accused must be described by the witness. The witnesses are required to explain as to how and in what manner they were to identify or pick up the accused person; Sabir Ali alias Fauji v. The State 2011 SCMR 563; Shafqat Mehmood and others v. The State 2011 .SCMR 537; Nazir Ahmad v. Muhammad Iqbal and another 2011 SCMR 527; Bacha Zeb v. The State 2010 SCMR 1189; Syed Saeed Muhammad Shah and…
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