IRFAN ALI vs State Ss — 2022 YLR 1097 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 1097 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: IRFAN ALI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161---Q; S. 161; Criminal Procedure Code (V of 1898)

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

IRFAN ALI VS State Ss. 302(b), 337-a(i), 337-F(vi) & 337-L(2)---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, shajjah-i-khafifah, ghayr - jaifah - munaqqillah, causing hurt---appreciation of evidence---Delay of more than twenty one days in recording the statement of witness---Scope---accused were charged for committing murder of the deceased and causing injuries to the brother of complainant---Statement under S.161, Cr.P.C., of injured witness, who per prosecution, was the sole eye-witness of the occurrence, was recorded after more than twenty one days of incident and ten days of the FIR without any plausible explanation thereof---In the wake of the said unexplained inordinate delay in recording statement under S.161, Cr.P.C. of the alleged solitary eye-witness, the possibility of false implication of the accused persons after consultations and deliberations could not be ruled out and that being significant could not be lost sight of---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

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