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

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---Delay of more than eleven days in lodging the FIR---Scope---accused were charged for committing murder of the deceased and causing injuries to the brother of complainant---Record showed that the incident had taken place during the night falling between 09.07.2017 and 10.07.2017 and whereas the FIR was lodged on 21.07.2017---No proper explanation had been offered by the prosecution for such an inordinate delay of more than eleven days in lodgement of the FIR---Delay in lodging FIR had been viewed with grave suspicion, thus, it required careful scrutiny when number of accused was large, when such delay had resulted in embellishment, which was a creation of afterthought, assuming importance going to the extent of being fatal to the prosecution case in absence of convincing explanation, which prima facie pointed out to fabrication of the prosecution story---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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