| Citation(s) |
|---|
| 2012 SLG 1404 2012 SLD 1404 2012 SCMR 215 |
Supreme Court of Pakistan
Criminal Appeals Nos. 55 and 56 of 2009, decision dated: 27-09-2011
TASADDUQ HUSSAIN, JILLANI, MAHMOOD AKHTAR SHAHID SIDDIQUI AND ASIF SAEED KHAN KHOSA, JJ
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Criminal Appeals Nos. 55 and 56 of 2009, decision dated: 27-09-2011
TASADDUQ HUSSAIN, JILLANI, MAHMOOD AKHTAR SHAHID SIDDIQUI AND ASIF SAEED KHAN KHOSA, JJ
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GHAZANFAR ALI @ PAPPU and another
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-------Ss.302(b)/392/34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-e-amd, robbery and abetment---Identification parade---Proof---False implication--- Accused were convicted under Ss.302(b) and 392, P.P.C. by Trial Court and sentenced to imprisonment for life and ten years, respectively---Plea raised by accused was that they were falsely implicated in the case and they had been shown to prosecution witnesses before identification parade---Validity---Arrest of accused persons was result of incriminating evidence collected through elaborate investigation---Both the accused, next day after their arrest, were sent to judicial lockup and five days later, identification parade was held in lockup/jail premises---Nothing was available in evidence to indicate that accused were at police station where they were shown to witnesses or their photographs were taken---Accused while making such bald allegation did not specify time, date and place, when they were shown to witnesses neither they made such allegation before the Magistrate who supervised identification parade or in their statement under S. 342, Cr.P.C. during the trial---Evidence of identification inspired confidence and ocular account was corroborated by recovery of share amount from both the accused---One of the accused also led to recovery of .30 bore pistol which was taken into possession from his house---Forensic Science Expert revealed that empties recovered from the spot were wedded with the pistol recovered from the accused---Supreme Court declined to interfere in the conviction and sentences awarded to accused by the courts below---Appeal was dismissed. Government of Sindh v. Sobharo 1993 SCMR 585; Asghar Ali alias Sabah v. State 1992 SCMR 2088; Nazir Ahmed v. Muhammad Iqbal 2011 SCMR 527; Lal Pasand v. State PLD 1981 SC 142 and Ram Nath Mahto v. State of Bihar ((1996) 8 Supreme Court Cases 630) ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22--- Criminal trial--- Identity of accused--- Identification parade--- Scope--- Holding of identification parade is not mandatory and it is merely a corroborative piece of evidence---If statement of a witness qua identity of…
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