KHIAL MUHAMMAD vs State S — 2024 SCMR 1490 SUPREME-COURT

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

KHIAL MUHAMMAD VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Sixteen hours delay in sending recovered weapon and ammunition for forensic analysis---Consequential---Accused as per the record was arrested red handed and from his possession one TT Pistol of 0.30 bore along with 28 live cartridges were recovered meanwhile six crime empty shells of .30 bore pistol were also recovered by the police from the place of occurrence---Sealed parcels of such weapon/ammunition were sent for the forensic report after an unexplained delay of more than 19 days---Prosecution had failed to prove its case beyond any reasonable doubt---Appeal was allowed; the judgments passed by the Trial Court as well as the High Court, respectively, were set aside and the appellant was acquitted of the charge levelled against him. Citation Name: 2024 SCMR 1490 SUPREME-COURTBookmark this Case KHIAL MUHAMMAD VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Delay of more than fifteen hours in lodging FIR not explained---Consequential---Matter was reported to the police by the complainant approximately more than fifteen hours after the incident, despite the police station being only one furlong away from the place of occurrence---In the entire evidence, the prosecution had not explained the reason for such a delay in reporting the matter to the police---Such delayed FIR on the part of the complainant showed dishonesty and that it was lodged with deliberation and consultation---Prosecution had failed to prove its case beyond any reasonable doubt---Appeal was allowed; the judgments passed by the Trial Court as well as the High Court, respectively, were set aside and the appellant was acquitted of the charge levelled against him. Citation Name: 2024 SCMR 1490 SUPREME-COURTBookmark this Case KHIAL MUHAMMAD VS State Conviction---Heinousness of the offence---Mere heinousness of the offence if not proved to the hilt is not a ground to punish an accused. Citation Name: 2024 SCMR 1490 SUPREME-COURTBookmark this Case KHIAL MUHAMMAD VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Name of star eye-witnesses not mentioned in the FIR and belated recording of their statements---Consequential---Both the alleged eye-witnesses claimed that they were present at the time of incident but their names were not mentioned in the FIR---Moreover, despite their presence at the place of incident their statements under section 161 Cr.P.C were recorded by the police with a delay of 16 hours---Recording the statement of witnesses under section 161 Cr.P.C at a belated stage casted serious doubts on the version of prosecution---No plausible explanation was rendered by the prosecution as to why statements of star witnesses were recorded after such a delay and why their names were not mentioned in the FIR---Prosecution had failed to prove its case beyond any reasonable doubt---Appeal was allowed; the judgments passed by the Trial Court as well as the High Court, respectively, were set aside and the appellant was acquitted of the charge levelled against him. Citation Name: 2024 SCMR 1490 SUPREME-COURTBookmark this Case KHIAL MUHAMMAD VS State Benefit of doubt---Principle---For the accused to be afforded the right of benefit of doubt, it is not necessary that there should be many circumstances creating uncertainty and if there is only one doubt, the benefit of the same must go to the accused---Any doubt arising in prosecution case is to be resolved in favour of the accused. Citation Name: 2024 SCMR 1490 SUPREME-COURTBookmark this Case KHIAL MUHAMMAD VS State Single loophole in the prosecution case---Benefit of doubt---Principle---Once a single loophole is observed in a case presented by the prosecution, such as conflict in the ocular account and medical evidence or presence of eye-witnesses being doubtful, the benefit of such loophole/lacuna in the prosecution's case automatically goes in favour of an accused.

KHIAL MUHAMMAD vs State S — 2024 SCMR 1490 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 SCMR