TAJ MOHAMMAD vs State Ss — 2023 PCrLJ 1514 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1514 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: TAJ MOHAMMAD vs State Ss
Subject matter: Criminal
Provisions referred to: 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

TAJ MOHAMMAD VS State Ss. 302, 307, 147, 148, 149, 114 & 109---Qatl-i-amd, cases in which qisas for qatl-i-amd shall not be enforced, rioting, rioting armed with deadly weapons, unlawful assembly, abettor present when offence was committed, abetment---Appreciation of evidence---Benefit of doubt---Delay of 10/15 days in recording statement of witnesses---Effect---Accused were charged for committing murder of seven persons and injuring three persons---One of the witnesses admitted at trial that his S. 161, Cr.P.C. statement was recorded 10 to 15 days after the occurrence though said witness was supposedly an eye-witness---Not much credence could be given to such a statement which lost its evidentiary value because of the delay in its recording and no reason being attributed to the delay---Circumstances established that the prosecution was unable to prove its case against the accused persons---Appeal against conviction was allowed, in circumstances.

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