The important features for a valid identification parade are that the proceedings shall be conducted under the supervision of a Magistrate; proceedings shall be held inside the jail; identification shall be carried as soon as possible after the arrest of suspect; once the arrangements for proceedings have been undertaken,........

 Identification parade is governed by Volume III, Chapter 11-G, Part-C of the Rules and Orders of the Lahore High Court, Lahore andparagraph No. 26.32, Chapter XXVI of the Police Rules, 1934 and various instructions issued by the Government. The important features for a valid identification parade are that the proceedings shall be conducted under the supervision of a Magistrate; proceedings shall be held inside the jail; identification shall be carried as soon as possible after the arrest of suspect; once the arrangements for proceedings have been undertaken, the Officer investigating the case and any Police Officer assisting him in that investigation should have no access whatever either to the suspect or to the witnesses; list of all persons included in identification should be prepared, which should contain their names, parentage, address and occupation; the suspects shall be placed among other persons similarly dressed up, of the same religion and of same social status; there shall be proportion of 8 or 9 such persons to one suspect; the identifying witnesses shall be kept separate from each other and at such a distance from the place of identification as shall render it impossible for them to see the suspects or any of the persons concerned in the proceedings, until they are called upon to make identification; each witness shall be brought up separately to attempt his identification; care shall be taken that the remaining witnesses are still kept out of sight and hearing and that no opportunity is permitted for communication to pass between witnesses who have been called up and those who have not; the Magistrate conducting the proceedings must take an intelligent interest in the proceedings and not be just a silent spectator of the same bearing in mind at all times that the life and liberty of someone depends only upon his vigilance and caution and that he is required to record in his report all the precautions taken by him for a fair conduct of the proceedings.

The delayed post mortem examination and delayed receipt of dead bodies and the relevant documents are the strong reasons to hold that prosecution’s case is doubtful.

If ocular account of the case is disbelieved, such report being corroborative in nature cannot be used as substantive piece of evidence for the purpose of conviction.

No doubt that the DNA report has to be considered as a strongest corroborative evidence but at the same time it too has been settled that usefulness of DNA analysis depends mostly on the skill, ability and integrity shown by the Investigating Officers who are to first arrive at the scene of crime and that unless the evidence is properly documented, collected, packaged and preserved, it will not meet the legal and scientific requirements for admissibility into a court of law.

1. (Murder Reference No. 17 of 2018)
2. (Criminal Appeal No. 117-J of 2018)
(Mst. Ramzana Bibi vs. the State &another)
3. (Criminal Appeal No. 96-J of 2018)
(Muhammad Ashraf @ Anwar Sayyal & another vs. The State & another)
4. (Criminal Revision No. 84 of 2018)
(Inayat Ali vs. The State & another)