MUNAWAR vs State Ss — 2022 YLR 198 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 198 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: MUNAWAR vs State Ss
Subject matter: Criminal
Provisions referred to: S. 17

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

MUNAWAR VS State Ss. 302(b), 392 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Delay of about seven days in lodging the FIR---Effect---Qatl-i-amd, robbery, common intention, haraabah---appreciation of evidence---accused were charged that while committing robbery they murdered the father of complainant by firing---First Information Report of the incident was lodged after about nine days---Only explanation available in the FIR was that after funeral of the deceased, with consultation of the family members the FIR had been lodged---Said excuse for lodging the FIR, even if accepted, might have culminated in lodging of FIR just after funeral of the deceased but the delay so occurred could not be justified---Delay in lodging of the FIR without plausible explanation carried an adverse impact on the prosecution case and militated against the bona fide of the prosecution---appeal against conviction was allowed, in circumstances.

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