Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161

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

Section: 22

Law: Anti Terrorism Act, 1997

Section: 7

Penal Code (XLV of 1860)---S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S.7---Criminal Procedure Code (V of 1898), S.161---Qanun-e-Shahadat (10 of 1984), Art. 22---Reappraisal of evidence---Benefit of doubt---Identification parade---Delay in recording statements under S.161 Cr.P.C.---All the accused were acquitted by Trial Court but High Court, in exercise of appellate jurisdiction, convicted one accused and sentenced him to imprisonment for life---Validity---Statements under S.161 Cr.P.C. of prosecution witnesses were recorded after more than one month and 21 days---Police record showed that statements of prosecution witnesses were recorded on 30-10-2000, while deposing on oath, one prosecution witness had given the date of recording of his statement as 30-11-2000, creating such doubts in statements of prosecution witnesses with regard to their presence, at the time of alleged occurrence, recording of their statements and identification parade---Identification parade had lost its worth when two prosecution witnesses had admitted that accused was produced before Magistrate in handcuffs and in the custody of police---Statements of both the prosecution witnesses was more than enough to pronounce acquittal of accused in the case---Identification test was conducted after lapse of 76 days and at the time of identification test, prosecution witnesses had not described role of each accused, which was played by him at the time of alleged occurrence---Memo of identification test had also not shown details, names and addresses of dummies---Many other infirmities in their statement were also appearing due to which identification test had lost its verity---Supreme Court set aside the conviction and sentence of accused awarded by High Court and acquitted him of the charge---Appeal was allowed. State v. Farman Hussain PLD 1995 SC 1 and State/Government of Sindh v. Sobharo 1993 SCMR 585 ref. JUDGMENT SHEIKH HAKIM ALI, J.---On 10-9-2000, an F.I.R. No.131 of 2000 was got registered by one Naib Subedar Manzoor Ahmed son of Ghulam Nabi, resident of 12 Liaqat Barrak, Karachi, with Police Station Saddar, District South Karachi, with regard to an occurrence of murder having taken…

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