Case Details

Citation(s)
2016 SLG 1993 2016 SLD 1993 2016 PLJ 52
Federal Shariat Court
Crl. Appeal No. 37/Q 2014 linked with Crl. Murder Ref. No.3/Q of 2014, decision Date : 4.11.2015. Heard on:22.10.2015.
DR. FIDA MUHAMMAD KHAN, JUSTICE, ZAHOOR AHMED SHAHWANI, JUSTICE
Dr. Khalid Ranjah, Mr. Ali Zia Bajwa & Malik Adeel Ahsan, Advocates for Appellant No. 1.Qazi Nisar Ahmed, Advocate for Appellant No. 2.Syed Parvez Akhtar Bokhari, D.P.G. Baluchistan for State.

MUHAMMAD ABDULLAH AND ANOTHERVSState

Law: Pakistan Penal Code, 1860

Section: 302(b),394

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

Section: 22

Law: Police Rules, 1934

Section: 26.32

Pakistan Penal Code, 1860 (XLV of 1860)---.--- ---.---Ss. 302(b) & 394---.---Qanun-e-Shahadat Order, (10 of 1984), Art. 22---.---Police Rules, 1934, R. 26.32---.---Conviction and sentence---.---Challenge to---.---Murder reference---.---Identification parade---.---It is only a corroborative piece of evidence and not substantive evidence---.---Identification parade is conducted u/Art. 22 of Qanun-e-Shahadat Order, 1984 r/w Rule 26.32 of Police Rules, 1934---.---Under Qanun-e-Shahadat Order or Police Rules it is not a requirement that identification parade must not be conducted in police station---.---Requirement of law is that arrangements shall be made, whether proceedings are being held inside a jail or elsewhere, to ensure that identifying witnesses shall be kept separate from each other and at such a distance from place of identification as shall render it impossible for them to see suspects or any of persons concerned in proceedings, until they are called up to make their identification---.---Regarding identification parade precedents of Superior Courts are also taken into consideration and it has been held by Superior Courts that ordinarily identification parade should not be conducted in police station---.---Identification parade, if conducted in police station, should not be taken in isolation---.---If there is evidence available on record that said identification parade suffers from doubts regarding identification or witnesses had an occasion to see suspects earlier, then in that case said identification should not be given any credence---.---Identification parade was conducted in police station otherwise it was conducted by Judicial Magistrate observing all legal formalities and there is absolutely nothing on record to show that identifying witnesses had earlier seen suspects in police station---.---Whole evidence is so natural that it cannot be denied---.---Two ladies cannot be disbelieved simply on basis of technicality as there is nothing on record that recording their statements at police station had actually created any doubt regarding prosecution case---.---Contention that list of passengers was not produced before Court is also not correct…
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