Law: Criminal Procedure Code (V of 1898)

Section: 164,157

Law: Evidence Act, (1 of 1872)

Section: 145,155,157

Identification--Statements as to, brief, sketchy and meaning­less-Value of-Statements at identification parades-Not sub­stantive evidence-Criminal Procedure Code (V of 1898), Ss. 164, 157. Where statements of witnesses regarding identification of accused at the trial were to the effect: (1) " I identified T and A accused in the identification parade held in jail as well as Q accused." (2) "I identified four accused in jail." (3) "I identified four of the accused in jail." (4) "I identified three of the dacoits in the identification parade (5) "I had seen the dacoits at the spot and I identified four of them in the jail in the identification parade. Held: Statements Nos. (2) and (3) are so sketchy as to be entirely meaningless. They did not say whom they had identified and whether they had done so at a parade before a Magistrate. These 'statements must be kept entirely out of con­sideration. Statements Nos. (4) and (5) though not so meaningless as (2) and (3) are all the same just as useless. Statements made by persons at identification parades are nothing but statements under section 154 of the Code of Criminal Procedure. These statements are not substantive evidence, but are merely previous statement; of witnesses and can only be used for the purpose of corroborating witnesses under section 157 of the Evidence Act or contradicting them under sections 145 and 155 of the Evidence Act. Statement No. (1) is, no doubt slightly better, but that statements is also useless, because it is nothing but a former statement and there is no statement made before the Court which the former statement could contradict or corroborate. These statements about identification are not admissible in evidence, and must, therefore, be kept entirely out of consideration. JUDGMENT Abdul Aziz, Qutbi and Taja were convicted by the Sessions Judge, Lyallpur, under section 458 of the Pakistan Penal Code and sentenced to three years' rigorous imprisonment each. Abdul Aziz has put in Criminal Appeal No. 1029 of 1949 through Mr. Muhammad Amin Khan, Advocate, and Qutbi, Criminal Appeal No. 9 of 1950 through Mr. F. M. Anwari, Advocate. Both the appeals will be disposed of by this order. The…

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