Law: Constitution of Pakistan 1973

Section: 185(a)(2)

Constitution of Pakistan (1973) Link 1 Link 2 Link 3 Link 4 Link 5 Link 6 Link 7 Link 8 Link 9 Link 10 Art. 185 (2)(a) - Appeal against acquittal - Appreciation of evidence-High Court convicting appellant solely on his identification by a retired Superintendent Police believing him to be an honest witness and trained in recognizing strangers-Identification parade held with delay not satisfactorily explained and not conducted in accordance with rule of mixing nine or ten strangers with one accused as laid down in decisions of High Court-Dangers of errors in identification being very great, not safe except in exceptional circumstances to base conviction on evidence of solitary eye-witness particularly when witness could have only a fleeting glimpse of accused-No description of assailant given by witness in his statement to Police - Mere description of accused as having green eyes and thin neck not sufficient due to such description being applicable to large number of persons ­High Court's view as to witness having had opportunities to see him in village hence could easily recognise him at identification parade belied by statement of witness as to having never seen him except at time of murder-Proposition as to Police Officers being infallible in matter of remembering and identifying face of strangers-Not acceptable in absence of evidence regarding witness having bad a perfect memory and having never been wrong in his identification of strangers-No such evidence, however, produced in case in hand ­Conviction set aside.-[Identification]. Kaim and others v. The State P L D 1961 Kar. 728; Wahid Bux and others v. The State 1969 P Cr. L J 1317; Shabbir Ahmad v. The State 1972 P Cr. L J 310; Criminal Law Revision Committee (1972) by Lord Edmund ­Davies ; Lord Devlin on Treatise "The Judge" and Asharfi and another v. The State A I R 1961 All. 153 ref. Date of hearing: 3rd December, 1980.                                                                          …