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---Non-conducting the identification parade---Effect---accused were charged for committing murder of the deceased and causing injuries to the brother of complainant---accused persons were not known to the solitary eye-witness/injured---Investigating Officer had also deposed that accused were not known to the injured and relatives of the deceased---Under the given circumstances, identification of the accused through injured witness was essential, but no such identification parade was held which had also created doubt in the prosecution case---Further added that Investigating Officer in his cross-examination had admitted that accused were not known to the injured and relatives of the deceased and disclosed the accused as their real culprits for registration of FIR against them and then they lodged the FIR as told by them---In such view of the matter, the defence plea about the implication of the accused persons in the case by the police at the instance of an influential person due to their enmity with him carried weight---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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