Law: Penal Code (XLV of 1860)

Section: 302(b),392,412,34

Law: Qanun-e-Shahadat Order, 1984

Section: 22

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 392, 412 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-iamd, robbery, dishonestly receiving stolen property, common intention--Appreciation of evidence---Benefit of doubt--- Identification parade--- Nonmentioning of descriptive features of accused---Effect---Accused were charged for committing murder of the father of complainant by firing during robbery---Record showed that none of the accused was nominated in FIR---Prosecution had heavily relied upon identification parade in order to prove culpability in the case---In that context, it was noted that both the eye-witnesses could not mention any descriptive features of the assailants during investigation before the police as well as before Trial Court except that the accused were of average height---Such material discrepancy, alone, was sufficient to diminish the evidentiary value of identification parade---Appeals were allowed and accused persons were acquitted of the charge.Sabir Ali alias Fauji v. The State 2011 SCMR 563 and Javed Khan alias Bacha and another v. The State and another 2017 SCMR 524 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 392, 412 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-iamd, robbery, dishonestly receiving stolen property, common intention--Appreciation of evidence---Benefit of doubt---Joint identification parade--Legality---Accused were charged for committing murder of the father of complainant by firing during robbery---As per the report of identification parade, accused was shown sitting in Row No.1 at sixth position from left to right while other accused was shown present at third place from left to right in Row No.2 and identification parade of both the accused persons had been jointly conducted---In the eventuality of said facts, it was crystal clear that the identification parade was not held in accordance with the law---Appeals were allowed and accused persons were acquitted of the charge.Kamal Din alias Kamala v. The State 2018 SCMR 577 rel.(c) Penal Code (XLV of 1860)-------Ss. 302(b), 392, 412 & 34---Qatl-i-amd, robbery, dishonestly receiving stolen property, common intention---Appreciation of…