ASAD ALI vs Pir QAMAR ZAMAN S — 2023 YLR 890 FEDERAL-SHARIAT-COURT

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ASAD ALI VS Pir QAMAR ZAMAN S. 17(3)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Haraabah---Appreciation of evidence---Benefit of doubt---Appeal against acquittal---Withholding material evidence---Accused were charged for entering into the house of complainant, looting cash amount and gold ornaments, and on resistance, causing injuries to two inmates---Undoubtly, the lady inmates were available in the house of the complainant, and one of them was shown to have accompanied the injured lady from the house of the complainant to the hospital and she was shown to have remained with injured lady, who died in hospital after three days of the incident---However, none of the lady inmates of the house of the complainant was examined by the prosecution---Investigating Officer admitted that he had not recorded 161, Cr.P.C statement of any lady inmate of the house of the complainant---Place of incident was thickly populated area but---Investigating Officer did not record the statement of any local person from the place of incident during investigation---According to the prosecution case as set-out in the FIR, the accused caused blows to injured lady, on her showing resistance to the robbery of ornaments of gold, but the weapon or article used for causing blows to her was no where mentioned in the FIR---Medical Officer, who initially examined deceased in injured condition at had found only two injuries on her person caused by hard and blunt substance as was evident from the provisional Medico-Legal Certificate issued by her but postmortem report revealed three injuries on the person of deceased, caused by firearm weapon---According to witnesses absconding co-accused made two straight fires, one hitting the mouth of deceased and the other hit the leg of injured, who also ascribed role of firing to said accused, but Medical Officer, who carried out postmortem on the dead body of deceased, stated that as per postmortem report deceased did not have any injury on her mouth---According to Medical Officer, he examined only two injured persons and no medical evidence relating to deceased the accused and injured co-accused was brought on record by the prosecution---Circumstances established that the finding of acquittal rendered by the Trial Court was neither arbitrary nor was capricious, thus did not call for any interference---Appeal against acquittal was dismissed. Head NotesCase Description Citation Name: 2023 YLR 890 FEDERAL-SHARIAT-COURTBookmark this Case ASAD ALI VS Pir QAMAR ZAMAN S. 417---appeal against acquittal---Interference--- Scope--- Judgment of acquittal could not be interfered with unless it is proved that same is arbitrary, shocking, capricious, fanciful and on perusal of the evidence no other decision could be given except that the accused is guilty, and there has been complete misreading of evidence leading to miscarriage of justice---While evaluating the evidence, difference is to be maintained in appeal against conviction and appeal against acquittal. Head NotesCase Description Citation Name: 2023 YLR 890 FEDERAL-SHARIAT-COURTBookmark this Case ASAD ALI VS Pir QAMAR ZAMAN S. 17(3)---Haraabah---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused were charged for entering into the house of complainant looting cash amount and gold ornaments, and on resistance, causing injuries to two inmates---In the FIR, no specific role was assigned to the accused, but in the evidence, brother of the complainant stated that two accused persons robbed gold ornaments from their house and also robbed licensed weapon of his brother, however as per prosecution, accused were apprehended empty handed at the time of incident, as neither the alleged robbed ornaments of gold and/or licensed repeater were secured from them nor the weapons allegedly carried by them at the time of incident were recovered from them---Other witness did not ascribe any overt act to said accused---Injured witness who could be termed as star witness in the case, stated that co-accused fired upon him hitting his right leg, but he neither implicated the accused persons nor did he state about commission of robbery in their house---Circumstances established that the finding of acquittal rendered by the Trial Court was neither arbitrary nor was capricious, thus did not call for any interference---Appeal against acquittal was dismissed. Head NotesCase Description Citation Name: 2023 YLR 890 FEDERAL-SHARIAT-COURTBookmark this Case ASAD ALI VS Pir QAMAR ZAMAN S. 17(3)---Haraabah---Appreciation of evidence---Benefit of doubt---Appeal against acquittal---Contradictions in statements of witnesses---Accused were charged for entering into the house of complainant looting cash amount and gold ornaments, and on resistance, causing injuries to two inmates---Contradictions were found in statements of witnesses regarding as to how the accused were apprehended at the spot---According to witness/brother of complainant after 1 to 1Â½ hour police arrived at the place of incident, whereas the other witness stated that police itself came at place of incident within half an hour of incident---Injured witness did not state about arrival of police at the place of incident---According to the Investigating Officer, on receiving information about the incident, he along with Police Constables arrived at the place of incident where they saw sister and son of complainant lying injured and two accused persons lying injured in the veranda of the house whose custody was handed over to him by complainant in presence of mashirs and memo. of handing over the custody was prepared at 07:00 am---According to witnesses/ brothers of complainant no such document was prepared during that time, while injured witness did not state about preparation of memo. of handing over---Circumstances established that the finding of acquittal rendered by the Trial Court was neither arbitrary nor was capricious, thus did not call for any interference---Appeal against acquittal was dismissed. Head NotesCase Description Citation Name: 2023 YLR 890 FEDERAL-SHARIAT-COURTBookmark this Case ASAD ALI VS Pir QAMAR ZAMAN S. 17(3)---Haraabah---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Delay in lodging FIR---Effect---Accused were charged for entering into the house of complainant looting cash amount and gold ornaments, and on resistance, causing injuries to two inmates---Record showed that the FIR was lodged after more than 03 hours of the incident---On receiving information the police of local Police Station immediately reached at the place of incident at about 07:00 a.m. where the complainant allegedly handed over the custody of two apprehended accused---Moreover, the statements of the witnesses under S. 161, Cr.P.C., were recorded after six days of the incident and lodgment of the FIR---No plausible explanation had been furnished for such an inordinate delay in lodgment of the FIR and in recording the statements of the witnesses---First Investigating Officer stated that Investigation of the crime remained with him for five days---During said 05 days complainant did not produce any witness before Investigating Officer for recording 161, Cr.P.C statement, and such inordinate delay in reporting the matter and recording the statements of the witnesses was incomprehensible---Delay in lodgment of the FIR is viewed with grave suspicion, and how much clouds of suspicion it throws on the seeds of prosecution, depends upon a variety of factors---In the present case, it required careful scrutiny when number of accused was large and delay in lodging FIR had resulted in embellishment, which was a creation of afterthought, assuming importance in absence of convincing explanation, which prima facie pointed out to fabrication of the prosecution story; and increasing the number of accused, by false implication of the innocent persons, throwing a very wide net and in the wake of previous hostility between the parties over the landed property, which was admitted in evidence by witness/brother of complainant---Such unexplained inordinate delay in lodgment of the FIR and in recording statements of the witnesses under S. 161, Cr.P.C., being significant could not be lost sight of---Under the given circumstances, the possibility of false implication of the accused, who had not been assigned any specific role in commission of the offence, by exaggeration in the number of accused, after consultations and deliberations, could not be ruled out---Circumstances established that the finding of acquittal rendered by the Trial Court was neither arbitrary nor was capricious, thus did not call for any interference---Appeal against acquittal was dismissed. 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ASAD ALI vs Pir QAMAR ZAMAN S — 2023 YLR 890 FEDERAL-SHARIAT-COURT

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