KEWAL vs State S — 2022 YLR 1252 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 1252 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: KEWAL vs State S
Subject matter: Criminal
Provisions referred to: S. 17---P; S. 395---H; S. 17; Penal Code (XLV of 1860)

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

KEWAL VS State S. 17---Penal Code (XLV of 1860), S.395---Haraabah---Dacoity--Appreciation of evidence---Benefit of doubt---Delayed FIR---Contradictory evidence---Falsus in uno falsus in omnibus---Scope---Accused was booked as preparator for commission of an offence under S. 17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979---FIR was delayed for which there was no explanation, whatsoever---Initially the complainant had not proposed to visit the police station rather had approached Nek Mards of the area and subsequently, he had filed application before Justice of Peace---No evidence was available to prove the fact that the complainant had approached the Nek Mards and he was advised not to lodge the FIR---In the absence of such evidence the inference could not be ruled out that the delayed FIR was lodged after consultation and deliberation just to concoct and fabricate a story and rope males and females in the case---Prosecution witnesses had contradicted each other on material particulars---Evidence on record was misread, misconstrued, mis-constructed and the facts were mis-appreciated which had resulted in grave miscarriage of justice---Trial Court had acquitted one co-accused and the other was acquitted by the Federal Shariat Court---In such view of the matter, the conclusions drawn by the Trial Court were not sustainable as the law of the land was falsus in uno falsus in omnibus---Appeal against conviction was accepted and the accused was acquitted of the charge.

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