GHULAM SARWAR vs KHUDA BUX Ss — 2022 YLR 1519 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 1519 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: GHULAM SARWAR vs KHUDA BUX Ss
Subject matter: Criminal
Provisions referred to: S. 17; 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

GHULAM SARWAR VS KHUDA BUX Ss. 302, 364, 337-F(i), 337-H(2), 506(2), 147, 148 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---Qatl-i-amd, kidnapping or abduction in order to murder, ghayr-jaifah-damiyah, rash and negligent act, rioting, rioting armed with deadly weapon, unlawful assembly, haraabah---appreciation of evidence---appeal against acquittal--- Delay in lodging FIR and in recording statements of witnesses--- Scope--- accused were charged for assaulting on the complainant party, kidnapping its one member and later on committing his murder---Record showed that the incident of alleged abduction of deceased and other person was shown to have taken place at 03:30 p.m.---First Information Report was lodged at 03:45 p.m. i.e. after more than 24 hours of the incident---Statements of witnesses under S.161, of Cr.P.C were recorded with further delay i.e. after 12 days of the incident and 11 days of the lodgement of the FIR---No plausible explanation for such an inordinate delay in lodgement of the FIR and in recording statements of the witnesses had been furnished---Such delay in lodgement of the FIR had been viewed with grave suspicion, how much it threw clouds of suspicion on the seeds of prosecution---Possibility of false implication of the accused persons after consultations and deliberations could not be ruled out, in circumstances---appeal was dismissed accordingly.

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