MUHAMMAD IBRAR KHAN vs Mian MUHAMMAD RAMZAN S — 2023 PCrLJ 276 ISLAMABAD

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MUHAMMAD IBRAR KHAN VS Mian MUHAMMAD RAMZAN S. 154---First Information Report (FIR)---Object---First Information Report is meant for laying information regarding commission of a cognizable offence and in no way can be termed and taken into consideration as a conclusive piece of evidence. Citation Name: 2023 PCrLJ 276 ISLAMABADBookmark this Case MUHAMMAD IBRAR KHAN VS Mian MUHAMMAD RAMZAN S. 406--- Criminal Procedure Code (V of 1898), Ss. 249-A & 417(2)---Criminal breach of trust---Appeal against acquittal---Reliance on FIR only---Effect---Complainant was aggrieved of order passed by Trial Court under S. 249-A, Cr.P.C., acquitting accused of the charge---Validity---While dealing with application under S. 249-A, Cr.P.C., it was mandatory for Trial Court to take into consideration material collected during the course of investigation which was lacking---Exclusive reliance upon contents of FIR in exclusion of other prosecution evidence was unjust, erroneous and arbitrary---Reasons made basis to acquit accused even at initial stage by invoking provision of S. 249-A, Cr.P.C. was to base on reasons---Such reasons were to flow from analysis of prosecution evidence besides the law on the subject--- Respondent was accused of offence 'criminal breach of trust'---Co-accused was at large who had also been declared a Proclaimed Offender---Prosecution, in order to substantiate the allegations, relied upon statements of about ten witnesses besides stamp paper taken in possession during the course of investigation and also got the same verified by the concerned stamp paper, whose testimony in terms of statement under S. 161, Cr.P.C. was also relied upon---High Court set aside order of acquittal and remanded matter to Trial Court for decision afresh on application under S. 249-A, Cr.P.C.---Appeal was allowed accordingly.

MUHAMMAD IBRAR KHAN vs Mian MUHAMMAD RAMZAN S — 2023 PCrLJ 276 ISLAMABAD

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