PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2023 PCrLJN 80 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 80 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

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 ISHAQUE alias BOBI alias HUSSAIN VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Sentence, reduction in---Delay of one day in lodging the FIR---Scope---accused were charged for committing murder of the son of complainant by firing---Record showed that the FIR was lodged after a delay of one day---Reason for the delay in lodging the FIR was that the complainant had to receive the dead body of the deceased at the hospital after its postmortem and then arranged its burial and thereafter the FIR was lodged---However, it was quite natural that when a father's son was murdered he would be in great shock and grief and his first priority would be to attend his son's funeral as in that case, thereafter the FIR was immediately lodged---any delay in lodging the FIR had been fully explained---Importantly the FIR was against unknown persons and as such there was no attempt to falsely implicate the accused or any other person or else the accused would have been specifically named in the FIR---Complainant had no enmity with the accused and had no reason to falsely implicate him and as such the delay in lodging the FIR was not fatal to the prosecution case as the delay had been explained---accused was not nominated in the FIR and as such the delay in filing the FIR had not benefited the prosecution or prejudiced the accused---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond any shadow of doubt, however the alternate sentence of life imprisonment was available based on the particular facts and circumstances of each case, it was sometimes preferable to preserve life as it was found in the present case, thus, death sentence was converted into imprisonment for life---appeal against conviction was dismissed with modification in sentence.

Back to the case-law library · Search Pakistani case law in Urdu or English