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. 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---Interested witnesses---Reliance---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 ---Plea of accused that the witnesses were interested witnesses had no legal value for the simple reason that the incident had taken place inside the dwelling and whomsoever was present in the house was a natural witness to the incident, irrespective of the fact that they were closely related to deceased---If the evidence of said witnesses remained un-rebutted then their evidence was to be believed, therefore, defence plea raised by the accused was neither sufficient nor inspiring confidence---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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