Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF vs State Ss

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Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF VS State Ss. 302, 337-a(i), 337-F(iv), 337-L(2), 148 & 149---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Benefit of doubt---Contradictions in the statements of eye-witnesses---Effect---accused was charged that he along with his co-accused while armed with pistols and iron rods caused injuries to three persons, out of which one person died---Injured witnesses claimed to have been severely beaten by the accused persons but no such torture/beating was borne out from the available record---Injured eye-witnesses were at variance regarding material points---One of the injured witnesses described that accused fired at the deceased hitting on his right temporal region which was contradicted by medical evidence---Moreover, other injured witness admitted that at the time of occurrence, his brother, complainant was not with them---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---accused were acquitted by setting aside conviction and sentences recorded by the Trial Court. Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF VS State Benefit of doubt---Principle---If there is element of doubt, as to the guilt of accused, it must be resolved in his favour. Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF VS State Ss. 302, 337-a(i), 337-F(iv), 337-L(2), 148 & 149---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---acquittal of co-accused on same set of evidence---Effect---accused was charged that he along with his co-accused while armed with pistols and iron rods caused injuries to three persons, out of which one person died---Record showed that four co-accused had been acquitted, whereas the present accused persons were held guilty, convicted and sentenced---If the majority of the accused nominated in a case were acquitted on account of false implication by the eye-witnesses, then, allegations qua remaining accused on the basis of same set of evidence could not be sustained without strong/independent corroboration---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---accused were acquitted by setting aside conviction and sentences recorded by the Trial Court. Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF VS State Motive---Scope---Prosecution not bound to introduce the motive as some crimes are motiveless and that the motive is hidden deep in the mind of the perpetrator of the crime but once, it is set up and not established, then it adversely affects the case of prosecution. Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF VS State Ss. 302, 337-a(i), 337-F(iv), 337-L(2), 148 & 149---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Benefit of doubt---Motive not proved---Effect---accused was charged that he along with his co-accused while armed with pistols and iron rods caused injuries to three persons, out of which one person died---Some altercation, quarrel or dispute with the accused was motive behind the occurrence---Record showed that the reasons for the outbreak of that episode was a quarrel between injured witness and the accused 2/3 days prior to the occurrence---Investigating Officer had not thrashed that aspect of the matter during the investigation---In short, injured witness had not uttered even a single word that he had some altercation, quarrel or dispute with any of the accused at any time prior to that occurrence, thus, the assertions of the complainant regarding motive was based on hearsay---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---accused were acquitted by setting aside conviction and sentences recorded by the Trial Court. Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF VS State Witness---Statement of deaf and dumb witness, recording of---Pre-requisite---Court has to ascertain whether such a witness possesses the requisite amount of intelligence---Court is required to record its satisfaction to that effect---Court is required to ascertain, if the witness either by writing or sign could make intelligible of what he had to speak---If such witness is able to communicate his statement perfectly by writing, it would be more satisfactory method of taking evidence---When such witness is unable to write, then he can make signs showing what he wants to say---If it is by signs, those signs must be recorded by the Trial Court and not only the interpretations of those signs---Court should be able to know whether the interpretation of the sign is correct or not---Not safe for a Trial Court to embark upon the examination of a deaf and dumb person on its own without help of an expert or a person familiar with his mode of conveying ideas to others in day to day life---Interpreter should not be an interested person, who had participated in the investigation and who is a witness in the same trial---Interpreter should be a person of the same surrounding but should not have any interest in the case and he should be administrated oath. Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF VS State Ss. 302, 337-a(i), 337-F(iv), 337-L(2), 148 & 149---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Benefit of doubt---Delay of twenty five days in recording the statement of witnesses---Effect---accused was charged that he along with his co-accused while armed with pistols and iron rods caused injuries to three persons, out of which one person died---Record showed that the eye-witnesses were deaf and dumb---Statements of said witnesses were recorded with the help of interpreter, Instructor Deaf and Dumb School with the help of Senior Headmistress of the same school---Said Instructor was also examined during the investigation under S. 161, Cr.P.C., as reflected by record and the statement of the said injured eye-witnesses were also recorded with his help---all three were examined on 9.12.2012---Nothing could be gathered from the available record if both the injured were incapable to make statements till 9.12.2012 and for what reasons their statements under S. 161, Cr.P.C., were recorded after twenty five days of the occurrence---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---accused were acquitted by setting aside conviction and sentences recorded by the Trial Court. Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF VS State Ss. 302, 337-a(i), 337-F(iv), 337-L(2), 148 & 149---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Benefit of doubt---Related witnesses---accused was charged that he along with his co-accused while armed with pistols and iron rods caused injuries to three persons, out of which one person died---Statement of a witness related to deceased should be corroborated rather the statement of a worst enemy could be relied upon, if it inspired confidence and intrinsic worth of the statement was not shaken---Mere relationship of the witnesses with the deceased was not a ground for discarding their statements when otherwise such statements were confidence inspiring and found corroboration from the independent witnesses---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---accused were acquitted by setting aside conviction and sentences recorded by the Trial Court. Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF VS State Ss. 302, 337-a(i), 337-F(iv), 337-L(2), 148 & 149---Qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mudihah, hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Benefit of doubt---Safe transmission of crime empties to Forensic Laboratory not established---Effect---accused was charged that he along with his co-accused while armed with pistols and iron rods caused injuries to three persons, out of which one person died---During the investigation, the Investigating agency secured from the crime scene two crime empties---Report of Forensic Science agency revealed that parcels containing two 30 bore caliber cartridges were submitted on 30.11.2012 but that fact did not find mention in the statement of recovery witness---Statement of said witness was silent as to where parcel 2 was deposited---Said witness testified regarding receipt of the said parcel from MHC on 29.11.2012 but there was no mention in his statement if it was deposited by him with the office of public analyst on the following day i.e. 30.11.2012 and if that was so, then it could safely be concluded that the prosecution failed to prove the safe transmission of the crime empties secured from the crime scene---Thus, no reliance could be placed on the said report---Report regarding parcel-I was, thus, inconsequential---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---accused were acquitted by setting aside conviction and sentences recorded by the Trial Court.

Citation Name: 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHOREBookmark this Case ANJUM LATIF vs State Ss — 2023 PCrLJ 735 LAHORE-HIGH-COURT-LAHORE

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