Law: Pakistan Penal Code, 1860

Section: 34,109,302,302(b),364

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,382B,544A(1),544A(2)

Identification Parade-- ----Law is settled by know that such identification parade is not only illegal but also not proper besides being unsafe and it loses its value and cannot be relied upon. PLD 2019 SC 488, 2018 SCMR 577, 2017 SCMR 1189, 2017 SCMR 1546, 2011 SCMR 537, 2010 SCMR 1189, 2008 SCMR 1210, 2001 SCMR 424 & PLD 1981 SC 142, ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 364--Conviction and sentence--Challenge to--Evidence of eye-witnesses--According to all the witnesses, when they reached at the place of occurrence, it was still dark and according to PW, they identified the accused persons from a distance of 10 acres, does not inspire confidence and it is not only difficult rather impossible to identify anyone from such distance--Second portion of evidence of eye-witnesses where they claimed that they have seen the accused persons with dead body of deceased at the place of occurrence is concerned, their availability at the place of occurrence at odd hours of night is also questionable and their reaching at the place of occurrence can be categorized them as chance witnesses, explanation of which has not been advanced by them while appearing as witness before the trial Court and there is also no corroborative evidence available on record regarding their claim--Eight co-accused who have been charged with the offence of murder and kidnapping of deceased, all of them have been acquitted by the trial Court including main accused, so, since the principle of "falsus in uno, falsus in omnibus " has been fully restored and is made applicable by the august Supreme Court of Pakistan in its recent --So, present appellant also deserves the same treatment--Even otherwise, there is no independent corroboration available on record qua the culpability of the appellant--As the prosecution was duty bound to prove its case against the accused beyond reasonable doubt by producing cogent, trustworthy and reliable evidence and on its failure to do that, entire benefit arising out of the same shall be resolved in favour of the accused--Appeal was allowed. PLJ 2019 SC (Cr.C.) 265, ref. Acquittal-- ----Single doubt--It is settled law by now that even…

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