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2005 SCMR 1461

ZIA ULLAH alias JAJJ vs THE STATE

Citation2005 SCMR 1461
CourtFederal Shariat Court
Judge(s)Qazi Muhammad Farooq, Abdul Hameed Dogar, Hamid Ali Mirza, Allama
ResultLeave granted

' QAZI MUHAMMAD FAROOQ, J.--- Learned counsel for the petitioner assailed the impugned judgment from different angles and in the process raised the following contentions:--

(i) The F.I.R. Was recorded after preliminary investigation and the allegation with regard to Haraabah in M.S. Medical Stores was inserted therein by means of interpolation.

(ii) The eye-witnesses were not natural and probable witnesses and their statements were also fraught with improvements, discrepancies and contradictions.

(iii) Recovery of the crime pistol from the petitioner was doubtful as it was not made in presence of any independent witness.

(iv) The test identification parade was defective because the delay in holding the same had not been explained satisfactorily, the role attributed to the accused was not stated by the witnesses, and therefore, their identification had no evidentiary value as held in Mehmood Ahmad v. The State 1995 SCM R 127 and separate identification parades for each accused ought to have been held or omission explained in view of the observations made in Lal Pasand v. The State PLD 1981 SC 141.

(v) The petitioner was sentenced to death whereas his co-accused was acquitted on the same evidence.

2. Leave to appeal is granted to reappraise the prosecution evidence in the light of the above contentions and the principles laid down by this Court for appraisal of evidence in criminal cases.

Cited by 2 cases

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