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

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)--- Qatl-i-amd, shajjah-i-khafifah, ghayr - jaifah - munaqqillah, causing hurt---appreciation of evidence---Contradictions in the statement of injured witness---Scope---accused were charged for committing murder of the deceased and causing injuries to the brother of complainant---Record showed that the prosecution case rested only on the statement of solitary witness/injured, but his statement being self-destructive and contradictory with dishonest improvements, could not be relied upon as he named all the five accused in his statement during the trial before the Trial Court---When injured was confronted to the contents of his alleged statement under S.161, Cr.P.C., he conceded that names of the three accused were not given by him in his statement under S. 161, Cr.P.C---Said fact was also confirmed by the Investigating Officer in his evidence before the trial court by stating that the injured had not given names of three accused in his statement---Such evasive stances and dishonest and deliberate improvements made by injured rendered his evidence unreliable---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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