Law: Evidence Act, (1 of 1872)

Section: 9

Law: Penal Code (XLV of 1860)

Section: 394/34

(a) Evidence Act (I of 1872)--   ---.S.9--Identification parade--Role of accused at time of commission of offence not described by witness--Inherent defect--Evidence of witness identifying accused in such identification parade lost its efficacy and not relied upon.   Khadim Hussain v. The State 1985 SCMR 721 rel.   (b) Penal Code (XLV of 1860)-- ---S.394/34--Reappraisal of evidence by Supreme Court--Conviction under S.394/34, P.P.C. by Special Court for Speedy Trial, challenged--Prosecution relying on testimony of complainant, evidence of tracker, identification of accused-appellants by complainant, and recovery of crime weapon and stolen articles--Analysis of evidence by Supreme Court indicating material discrepancy in statement of complainant--Identification parade and evidence of tracker found unreliable--No independent evidence of recoveries which was found improbable--Conduct of investigating agency showing that lot of padding had been done in the case against accused-appellant-­Possibility of fabricating evidence against two accused discernible from admission of investigating officer--Prosecution having failed to establish its case beyond reasonable doubt, appeals accepted allowing benefit of doubt to accused.   JUDGMENT ALI HUSSAIN QAZILBASH, J.--This order will dispose of the present two appeals (Criminal Appeals Nos.180 and 181 of 1987) which arise from the same judgment of a learned, Special Judge Court for Speedy Trial No.11, Dera Ghazi Khan, dated 17-11-1987, whereby the four appellants were convicted under section 394/34, P.P.C. and sentenced to ten years R.I. each with a fine of Rs.10,000 each, or in default to one years R.I. each. 2. The facts, in brief, are that on 16-7-1987 at about 10.00 p.m. Abdul Majid complainant, en route to his house situate in Basti Piran Pirhar, Tehsil and District Dera Ghazi Khan, on his motor-cycle Honda CD-70, bearing registration No.DGA-3170, was waylaid by four unknown persons near Batil Mor. Two .of the accused were armed with rifles of .303 bore, one with Single Barrel .12 shotgun and one was empty handed. (The complainant has given in detail the physical description as well as of their…

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