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REHMAT ALI vs State Ss — 2022 YLR 611 FEDERAL-SHARIAT-COURT

Case information

Citation
2022 YLR 611 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2022
Reporter
YLR
Parties
REHMAT ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 17---Q; S. 342; S. 544; S. 544-

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

REHMAT ALI VS State Ss. 302, 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17---Qatl-i-amd, abetment, common intention, haraabah---appreciation of evidence---Defence plea---Scope---accused were charged for snatching mobile phones, gold ornaments and cash from the house of the complainant, on resistance, one of the accused fired with pistol, which hit the brother of complainant who died---Defence plea of accused, as per their statements recorded under S.342, Cr.P.C., was that they were innocent and had been falsely implicated---Such plea about their alleged false involvement without showing any animosity or even bitter acrimonious relations with natural eye-witnesses of the incident had not been established---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Trial Court while awarding sentence under S.544(a), Cr.P.C., in case of default of payment of compensation, had exceeded its jurisdiction by awarding two years' imprisonment, whereas the maximum period provided under S.544-a(2), Cr.P.C., was six months---Said period was modified with sentence of six months in case of non-realization of compensation amount---appeal was dismissed with said modification.

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