Law: Penal Code (XLV of 1860)

Section: 302 , 307 , 353 ,365

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

Section:

  Penal Code (XLV of 1860)--- S. 302/307/353/365-A/148/149 --- Appreciation of evidence --- Private eye witnesses namely the complainant, Bus driver and one of the passengers had not supported the prosecution version --- Police officials also in a" situation where the dacoits and the police had come closer during the encounter at a place like jungle in dark night, could not possibly notice the features of the dacoits due to natural fear and confusion --- Record did not show that the unknown person dying on the spot due to a fire-arm injury had died by the firing of the accused or his accomplices --- Mashimarna of identification having been prepared by a police officer and not by the Magistrate and the Assistant Mukhtiarkar who had supervised the identification test, the same could not be relied upon --- Accused was acquitted in circumstances. Penal Code (XLV of 1860)-- ---- S. 302/307/353/365-A/148/149 --- Qanun-e-Shahadat (10 of 1984), Art.22-- identification parade ---Identification of persons in identification test is a very weak type of evidence which is easily destroyed if there is any suspicion that the conduct of the investigating agency was not absolutely above board. Qanun-e-Shahadat (10 of 1984)--- ---- Art. 22 --- Police Rules, 1934, Rr. 26.7, 26.32 & 27.25 --- Identification parade --- Precautions and necessary steps to be taken by the Police before identification parade detailed. Precautions are necessary to conceal the identity of the accused while he is being removed from one place to the other and it is also the duty of the police that all necessary steps should be taken to ensure that the accused should not be seen by the witnesses before the identification test parade. The police officer who arrests the accused should get his face covered and take him to the police station in that state. In the police station the lock-up in which such an accused is kept should be covered with a curtain so, that no one is able to see his face. When he is taken to Court or to jail his face should be kept covered. In jail also no outsider should be allowed to see his face. All these precautions should not only be taken but should be proved to have…