FAHAD vs State Ss — 2024 SCMR 20 SUPREME-COURT

Case information

Citation: 2024 SCMR 20 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: FAHAD vs State Ss
Subject matter: Criminal
Provisions referred to: Penal Code (XLV of 1860)

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

FAHAD VS State Ss. 497(2) & 164---Penal Code (XLV of 1860), Ss. 302, 311, 201, 202 & 34---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender, intentional omission to give information of offence by person bound to inform, common intention---Bail, grant of---Further inquiry---Complainant alleged that her daughter was done to death by her husband's brother and his son (the petitioner); that there was a statement of person "A" recorded under section 164, Cr.P.C. to connect the petitioner with the offence; and that another important circumstantial evidence in the shape of confessional statement of her husband's brother under section 164, Cr.P.C, was available in which he had admitted his guilt of committing the murder and also got recovered the dead body of deceased after making disclosure---Validity---In both statements recorded under section 164, Cr.P.C., the name of the petitioner was not mentioned in any context---There was no other circumstantial evidence available on the record against the petitioner except an application, which was filed by the deceased a few days earlier prior to the occurrence---In that eventuality, the case of the petitioner called for further enquiry falling under subsection (2) of section 497, Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and petitioner was admitted to bail.

Other judgments reported in 2024 SCMR

2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Constitution of Pakistan, Art. 185(3)---Murder…
2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Benefit of doubt---Benefit of doubt can even be extended at b…
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