ALI KHAN vs State Ss — 2022 YLR 1946 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 1946 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: ALI KHAN vs State 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

ALI KHAN VS State Ss. 452 & 506(2)---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---House trespass, criminal intimidation, haraabah---appreciation of evidence---Benefit of doubt---Delay in lodging the FIR and recording the statements of witnesses--- Scope--- accused were charged for committing robbery after entering into the house of complainant---Record showed that FIR was lodged after nine days of the incident---Statement of the witnesses under S.161, Cr.P.C., were recorded with further delay of more than 25 days of incident and 16 days of the lodgement of the FIR---No plausible explanation had been furnished for such an inordinate delay in lodgement of the FIR and recording statements of the witnesses---Possibility of false implication of the accused persons after consultations and deliberations could not be ruled out---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond a reasonable doubt---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

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