MUHAMMAD vs State S — 2022 YLR 967 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 967 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 164---Q; S. 164; Criminal Procedure Code (V of 1898)

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

MUHAMMAD VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay in recording the statement of witnesses under S.164, Cr.P.C.---Scope---Accused was charged for committing murder of the nephew of complainant---Witnesses made statement against the accused before Judicial Magistrate after lapse of more than 25 days, it was far from comprehension, beyond imagination and contrary to human behaviour and natural conduct that the wife and two sisters while watching murder of husband/brother despite knowing culprits would not disclose the name and identity of culprits on lame excuse and pretext of fear or extension of threat---High Court observed either witnesses had not seen the culprits or they did not know and identify the culprits, in any case, they were not telling the truth---Either of the statements was not believable, as the acceptance of one was bound to culminate in rejection of the other---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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