Law: Pakistan Penal Code, 1860

Section: 395,412

PLJ 2026 Cr.C. (Note) 59 [Lahore High Court, Bahawalpur Bench] Present:  Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 395 & 412--Test identification parade--Test identification parade of petitioners was held--The sanctity of conduction of test identification parade after petitioners’ nomination by complainant is open determination--Description/feature such as height, complexion, physique and age etc. of accused/petitioners were neither given in FIR nor in statements of PWs u/S. 161, Cr.P.C. matching description in FIR is starting point towards identification of unknown accused--Held: It is well settled by now that identification parade is of no value when description/feature of accused is not given in contents of FIR.                                           [Para 3] A & B 2024 SCMR 205 and 2011 SCMR 563 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 395 & 412--Conviction and sentence--Challenge to--Test identification parade--It was necessary for witnesses to have given some features of each of accused, with their specific role, during investigation before identification parade, enabling Magistrate to manage person of identical features for purpose of including them in identification parade as dummies, which is lacking in present case Selection of suspects, without any correlation with description of accused raises doubts and makes identification proceedings unsafe and doubtful rendering identification evidence inconsequential and it can safely be concluded that identification parade of accused held without features of culprits in FIR could not be safely relied upon and trial Court failed to appreciate evidence in accordance with settled principles of law--Prosecution has made an abortive attempt to establish identity of petitioners, which amounts to over doing on its part--According to test identification parade of petitioner he was not identified as culprit by complainant PW-4, test identification…