Law: Pakistan Penal Code, 1860

Section: 302,34

Law: Anti Terrorism Act, 1997

Section: 7,6(2)(n)

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

Section: 164

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302 34--Anti-Terrorism Act, (XXVII of 1997), S. 7--Article 22 of Qanun-e-Shahadat Order, 1984--Identification Parade--CCTV Footage--CDR--Confessional statement--Sentence of--Allegation that a person with pistol was catching hold of complainant’s sister in law (BHAbhi) while a third person was pinned to the ground by his deceased brother--the person who had entered into the house, suddenly fired a shot at left flank of his deceaseds were arrested and were immediately sent to judicial custody for holding of identification test proceedings, during which they were rightly picked up by the witnesses as culprits of crime--PW’s are closely related with deceased but admittedly neither they were having any acquaintance nor enmity with appellants--Holding of post-mortem examination without afflux of any delay also positively reflects upon the acclaimed presence of eye-witnesses at the spot--Evidence of identification test derives its admissibility from Article 22 of Qanun-e-Shahadat Order, 1984 and it is conducted in cases where assailants are not previously known to the eye-witness--Assumption that every relevant part of the chain of events is considered before the final disposal by a judicial forum dealing with the criminal cases, so that no evidence can be discarded on the ground of irrelevant considerations--A fact to be a part of same transaction with that of fact-in-case should be spontaneous, ruling out any possibility of concoction--Confessional statements of all three appellants were recorded separately by Magistrate--Such confession was made voluntarily and it contains true account of the occurrence--DNA type of forensic evidence is of great help in criminal cases, where identity of an accused is suspicious--The question as to whether DNA tests are virtually infallible may be a moot question, but the fact remains that such test has come to stay and is being used extensively in the investigation of crimes and the Court often accepts the views of the experts, especially when cases rest on circumstantial evidence--Articles of DNA sampling and fingerprints samples, were not sent to PFSA instantly rather the same was…

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