Law: Pakistan Penal Code, 1860

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 103

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

Section: 22,27

(a) Penal Code (XLV of 1860)--- ----S. 302---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd---Appreciation of evidence---Delay in conducting identification parade---Effect---Identification parade was conducted after about ten days of the arrest of the accused---No explanation had come on record about such an inordinate delay in conducting the identification parade---Long delay in conducting the identification parade was fatal in the absence of any plausible explanation---Delay might be a factor, which had afforded an opportunity to the prosecution witnesses to see the accused while in police custody and when produced in the court for obtaining remand---Such circumstances had created doubt about the veracity of prosecution case, benefit of which resolved in favour of accused---Appeal was allowed and conviction and sentences recorded by Trial Court were set aside accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd---Appreciation of evidence---Identification parade was not conducted as per law---Effect---Magistrate who had supervised the identification parade did not bother to count the strength of dummies---Names/parentage and addresses of the dummies were not mentioned in the report---Dummies were less than the required number---Sole eye-witness of identification parade had not stated anything during trial about any identification parade held in his presence---Prosecution witness identified the accused while standing inside the cupboard, but no identification parade was held in that manner---Such identification parade was of no avail to the prosecution case in respect of awarding conviction and sentence to accused---Appeal was allowed and conviction and sentence recorded by Trial Court were set aside in circumstances. (c) Penal Code (XLV of 1860)--- ----S. 302---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Identification parade conducted by incompetent Magistrate---Effect---In the present case, Naib Tehsildar (Magistrate Second Class) was deputed to supervise an identification parade, instead of availability of dozens of Magistrates First Class,…

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