MUKHTAR AHMAD vs THE STATE
This matter arises from a petition for leave to appeal filed against the judgment of the High Court, which modified the petitioner's conviction from Section 392 read with Section 397, Pakistan Penal Code 1860, to Section 392, Pakistan Penal Code 1860, and reduced his sentence of imprisonment to five years rigorous imprisonment for robbery. The core legal question concerns the reliability of the identification of the accused, given that the eyewitnesses claimed prior acquaintance at trial which they had not stated to the police, the naming of the accused by a witness who later denied identification, and the absence of an identification parade. The Supreme Court held that the contentions raised regarding the doubtful identity of the petitioner required formal examination. Consequently, the Court granted leave to appeal to consider whether the conviction could be sustained without a proper identification parade or consistent testimony regarding the identity of the accused.
- Whether a conviction for robbery can be sustained when eyewitnesses claim prior acquaintance with the accused at trial but failed to state the same to the police?
- Is an identification parade necessary when the identity of the accused is provided by a witness who subsequently denies identifying the accused during court proceedings?
- Does the absence of an identification parade create sufficient doubt regarding the participation of the accused in the crime to warrant leave to appeal?
- Section 392, Pakistan Penal Code 1860
- Section 397, Pakistan Penal Code 1860
ORDER
' SAAD SAOOD JAN, J.---The petitioner alongwith two others was tried by the Special Court for Speedy Trials, on a charge under section 392, read with section 397, Pakistan Penal Code. The learned trial Court acquitted the co-accused but covicted the petitioner on the said charge and sentenced him to suffer rigorous imprisonment of a period of eight years. In addition he was also asked to pay fine. He filed an appeal against his conviction and sentence in the High Court. A learned Division Bench in the High Court modified his conviction to one under section 392 alone and reduced the substantive sentence of imprisonment to one for a period of five years. He seeks leave to appeal from this Court.
2 . The allegations against the petitioner were that he together with the co-accused robbed on the point of a dagger Malik Mushtaq Ahmad (P.W.2) of a sum of Rs,50,275 as the latter was standing at the bus-stand in order to catch a bus for Sharaqpur. Immediately after the occurrence the petitioner was stated to have run away with the money. The occurrence was reported at Police Station Mandi Fiazabad on the same evening by him at 6-50 p.m.
3. The petitioner pleaded not guilty to the charges against him and denied that he had robbed Malik Mushtaq Ahmad of any money.
4. The prosecution rested its case against the petitioner on the testimony of Malik Mushtaq Ahmad (P.W.2) and Nazir Ahmad (P.W. 1) was accompanying Malik Mushtaq Ahmad (P.W.2). The trial Court as well as the High Court found their testimony credible enough to support the conviction of the petitioner on the charge of robbery.
5. In support of this petition it is contended that even though at the trial both Malik Mushtaq Ahmad and Nazir Ahmad stated they were acquainted with the petitioner prior to the occurrence but this was not the position taken by them before the police. In fact from the statement of the Investigating Officer it appeared that the names of the petitioner and his companions were A provided to them by one Iqbal. Iqbal was examined by the Court as Court witness and he denied that he was able to identify the petitioner, as one of the robbers. The investigating agency also did not hold any identification parade. In the circumstances it was doubtful if the identity of the petitioner as the participant in the occurrence could be said to have been established.
6. The contention raised in support of this petition needs examination. Leave to appeal is granted.
Cited by 1 case
- GHULAM MUSTAFA and 9 others vs THE STATE 1999 YLR 1616