AHMED KHAN alias MALANGI and others vs THE STATE
This matter came before the Supreme Court of Pakistan upon a petition for leave to appeal against a conviction. The petitioners challenged the prosecution's case on several grounds, primarily arguing that they were not named in the First Information Report (F.I.R.) and that the identification parade was conducted with a significant delay of approximately one month following their arrest. Furthermore, the petitioners contended that while forensic reports from the Forensic Science Laboratory indicated a match between recovered weapons and crime scene empties, there was an unexplained and substantial delay in the laboratory examination of these items. Upon hearing the arguments, the Court determined that the evidence presented in the case required a thorough reappraisal to ensure the safe administration of justice. Consequently, the Court granted leave to appeal to examine the merits of the conviction in light of the identified evidentiary discrepancies regarding the identification parade and the forensic analysis.
- Does a significant delay in conducting an identification parade warrant a reappraisal of evidence in a criminal appeal?
- Can a substantial delay in the forensic examination of recovered weapons and empties constitute grounds for granting leave to appeal?
ORDER
' MIAN SHAKIRULLAH JAN, J.--- We have heard learned counsel for the petitioners at some length. He contends that the petitioners have not been charged in the F.I.R. And the evidence available against them is that of identification parade held after about a month of their arrest. He further states that though there is positive report of the Forensic Science Laboratory regarding the empties recovered from the spot and the weapons recovered from the accused after their arrest but there is sufficient delay of the examination in the Laboratory of the aforesaid recoveries.
2. The evidence requires reappraisal, therefore, leave to appeal is accordingly granted.