Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI vs State Be

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI VS State Benefit of doubt---Principle---In the event of a doubt, the benefit must be given to the accused not as a matter of grace, but as a matter of right. Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI VS State Ss. 302, 412, 460 & 34---Qatl-i-amd, dishonestly receiving stolen property, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Benefit of doubt---Implication through supplementary statement of complainant---Accused were charged for committing murder of the father of complainant by firing during dacoity---During the test identification parade, one accused and acquitted co-accused were not identified by complainant--- Complainant got recorded his supplementary statement on 8.5.2014 and nominated said accused as well as acquitted co-accused and proclaimed offender---However, in the said supplementary statement no source of information had been described rather complainant had stated that he came to know through reliable sources that accused along with their co-accused had committed the murder of his father---Courts always deprecated such kind of statements, which were made with the purpose to strengthen the case of the prosecution at the behest of the Police Officials or some other ulterior motives to get the suspect convicted by hook or crook---Nomination through supplementary statement had always been deprecated and disliked and had never been appreciated being an afterthought---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt--- Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI VS State Ss. 302, 412, 460 & 34---Qatl-i-amd, dishonestly receiving stolen property, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence contradicting evidence of eye-witnesses---Accused were charged for committing murder of the father of complainant by firing during dacoity---According to the prosecution story, deceased received fire arm injury above his left ear whereas according to the post-mortem report and testimony of Medical Officer, deceased received firearm arm injury on the right side of his head---Injury described in the FIR was an exit wound---Similarly, according to the scaled site plan, deceased sustained firearm shot injury from a distance of one feet whereas Medical Officer had not noted any blackening around the Injury No.1. which was only an entry wound on the body of deceased---In such eventuality, it was crystal clear that eye-witnesses were not present at the place of occurrence---Had witnesses been present at the relevant time they would have described the exact seat of injury---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI VS State Ss. 302, 412, 460 & 34---Qatl-i-amd, dishonestly receiving stolen property, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Accused and co-accused having similar roles---Evidence found doubtful to the extent of acquitted co-accused not sustainable for convicting the accused---In the present case, the Trial Court had disbelieved the prosecution evidence qua the co-accused, to whom identical role had been ascribed---Admittedly, once prosecution witnesses were disbelieved with respect to a co-accused then they could not be relied upon with regard to the other co-accused unless they were supported by corroboratory evidence coming from independent source which was unimpeachable in nature but that was not available in the present case---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI VS State Ss. 302, 412, 460 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, dishonestly receiving stolen property, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Benefit of doubt---Test identification parade---Accused was identified in parade but without reference to any role---Accused were charged for committing murder of the father of complainant by firing during dacoity---Accused were not nominated in the FIR---Occurrence in the case took place on 19.1.2014 at about 03:00 a.m. whereas the accused were arrested on 19.4.2014 and were sent to jail for the purpose of identification parade, which was held on 26.4.2014---Only complainant joined the proceeding of that identification parade, where only accused was identified by complainant whereas other accused was not identified by the complainant during the course of identification parade---Although, the complainant identified the accused during the course of identification parade but he did not disclose the role played by the said accused during the occurrence in issue---However, identification of an accused person without reference to the role allegedly played by him during the occurrence was shorn of any evidentiary value---Apart from the above, no proper features of the culprits had been mentioned in the FIR---Even otherwise, prosecution witnesses, even if they were present at the scene of the occurrence, were not in a position to identify the accused persons owing to the darkness of night---Keeping in view the facts and circumstances of the case, an identification parade had no evidentiary value in the eyes of the law and it could not be used against the accused as a corroborative piece of evidence---Witnesses had not described the complete features, physiques, and complexions of any of the unknown accused persons---As such the test identification parade lost its authenticity---Said identification parade was not held in accordance with law as the same was conducted jointly, so it was unreliable---When the accused were already seen by complainant and they had allegedly made extra judicial confession before him on 18.4.2014 then the subsequent proceeding of identification parade had lost its significance---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt--- Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI VS State Ss. 302, 412, 460 & 34---Qatl-i-amd, dishonestly receiving stolen property, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Benefit of doubt---Delay of seven hours in conducting the post-mortem examination upon the dead body of the deceased---Effect---Accused were charged for committing murder of the father of complainant by firing during dacoity---Incident according to the prosecution, was alleged to have taken place at about 3:00 a.m. (night)---Police station was situated at a distance of about 05 kilometers from the place of occurrence---Matter was reported by complainant through complaint to police on the same night on the basis of which formal FIR was chalked out at 04:00 a.m. within 01 hour---Postmortem examination on the dead body of the deceased was conducted by Medical Officer on the same day at about 10:00 a.m. with the delay of 07 hours after the occurrence---Keeping in view such material discrepancy arising out from the prosecution case, an adverse inference to the prosecution's case could be drawn that the intervening period had been consumed in fabricating a story creating serious doubt regarding the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI VS State Ss. 302, 412, 460 & 34---Criminal Procedure Code (V of 1898), S. 103---Qatl-i-amd, dishonestly receiving stolen property, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Benefit of doubt---Non-association of private witnesses at the time of recovery of pistol, currency notes and churri---Effect---Accused were charged for committing murder of the father of complainant by firing during dacoity---Pistol .30 bore was taken into possession on the pointation of the accused---Witnesses of said recovery were Police Officials and no independent witness was examined by the prosecution---Thus, the Investigating Officer while effecting the recovery of the pistol at the instance of the accused had committed a violation of S. 103, Cr.P.C., which created doubt with regard to the recovery of said pistol---Moreover, the report of the Forensic Science Agency was confined to the working condition of the pistol allegedly recovered at the instance of the accused---Thus, the alleged recovery of a weapon of offence at the instance of the accused was not helpful to the prosecution---Prosecution had also emphasized the recovery of Rs.1200 currency notes, which were taken into possession but the said recovery of currency notes was not helpful to the prosecution case because they were not recovered from the possession of the accused rather the same were allegedly produced by his brother at police station to the Investigating Officer---More so, no denomination of the said currency had been mentioned in the FIR as well as in application and, subsequently, after the recovery of alleged currency notes, no identification memo of currency notes was prepared---For that reason, such recovery had no evidentiary worth in the eye of the law---Even otherwise, currency notes were easily available in the market and could easily be planted, thus, the trial court had rightly disbelieved the recovery of currency notes against the accused---As far as recovery of churri at the instance of the other accused was concerned, the same was not helpful to the prosecution because the witnesses of said recovery were Police Officials and no independent witness was examined by the prosecution---Thus, the Investigating Officer while effecting the recovery of the churri at the instance of the accused had committed a violation of S. 103, Cr.P.C.---Moreover, from perusal of FIR, as well as supplementary statement of complainant, statement of other witness recorded under S. 161, Cr.P.C. and statement of lady witness recorded under S. 161, Cr.P.C., it was clear that none of the assailants was shown to have been armed with a churri---In that way, recovery of churri at the instance of accused had become inconsequential, thus the trial court had rightly disbelieved the recovery of churri at the instance of the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI VS State Ss. 302, 412, 460 & 34---Qatl-i-amd, dishonestly receiving stolen property, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light not mentioned---Accused were charged for committing murder of the father of complainant by firing during dacoity---Incident occurred at night time---Prosecution had not described any source of light in FIR---Similarly, scaled site plan and un-scaled site plan were silent with respect to the source of light---More so, none amongst the witnesses had described the source of light in their statements nor the Investigating Officer had taken into possession any source of light---Prosecution failed to establish the fact of the availability of a light source and in the absence of their inability to do so, it could not presume the existence of source of light at the place of occurrence---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI VS State Ss. 302, 412, 460 & 34---Qatl-i-amd, dishonestly receiving stolen property, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the spot doubtful---Accused were charged for committing murder of the father of complainant by firing during dacoity---Witnesses of ocular account were not witnesses of inquest report and post mortem pertaining to deceased---Had the said witnesses been present at the scene of the occurrence at the relevant time, they must have been the witnesses of inquest report---Similarly, said witnesses should have escorted the dead body to the hospital being the close relatives and neighbor and their names should have been incorporated in the post mortem report in the column of identification of the dead body---Said fact had constrained the Court to hold that said witnesses were not present at the time and place of occurrence---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt--- Appeal against conviction was allowed, in circumstances.

Citation Name: 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKRAM alias AKRI vs State Benefit of doubt — 2023 PCrLJ 977 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 PCRLJ