Syed NAJAM-UD-DIN CHISHTI vs MUHAMMAD IDREES Ss — 2022 MLD 76 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 MLD 76 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: MLD
Parties: Syed NAJAM-UD-DIN CHISHTI vs MUHAMMAD IDREES Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed NAJAM-UD-DIN CHISHTI VS MUHAMMAD IDREES Ss.302(b), 324, 109 & 34---Offences against Property (Enforcement of Hadood) Ordinance (VI of 1979), art. 17(4)---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention, haraabah---appreciation of evidence---appeal against acquittal---Benefit of doubt---Time barred appeal---Scope---accused were charged for committing murder of the deceased and causing injury to the complainant during dacoity---Perusal of the certified copy of the impugned judgment, filed by the appellant with the appeal, revealed that the impugned judgment was rendered on 22.05.2019, copy whereof was delivered to the appellant on 24.05.2019 and on excluding the period of two days spent in obtaining certified copy of the impugned judgment, the appeal was to be filed latest by 24.06.2019, but it was filed on 17.07.2019 i.e. after 53 days of delivery of the certified copy of the impugned judgment to the appellant---Record further revealed that on 30.08.2019, on the request of appellant, the Criminal Revision filed by him was converted into acquittal appeal, when he also sought permission to file an application for condonation of delay in filing the appeal---However, appellant had not filed such an application till date, although the period of more than 20 months had elapsed---Even in his appeal, the appellant had not offered any explanation for such an inordinate delay of 23 days in filing of the appeal---appeal was dismissed being time barred.

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