SHAUKAT HUSSAIN vs State S — 2024 SCMR 929 SUPREME-COURT

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SHAUKAT HUSSAIN VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Delay of about four hours in reporting the matter to the police---Consequential---There was a delay of about four hours in reporting the crime to the Police whereas Police Station was situated at a distance of about 20 kilometers from the place of occurrence---No explanation at all was furnished for causing delay in reporting the crime to the Police---Contention that approximately four hours delay in lodging the FIR is a normal thing does not appeal to the mind---Had the matter been reported within reasonable time, the police would have easily reached at the place of occurrence within about an hour---Why the matter had not been reported immediately by the eye-witnesses was a question which could not be satisfactorily explained by the witnesses during their evidence---In the circumstances, chances of deliberations and consultations before reporting the matter to the Police could not be ruled out---Appeal was allowed; the judgments passed by the Trial Court and High Court were set aside to the extent of the appellant; and he was acquitted of the charge. Citation Name: 2024 SCMR 929 SUPREME-COURTBookmark this Case SHAUKAT HUSSAIN VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Co-accused persons acquitted on the same evidence---Effect---On the same set of evidence, the co-accused persons had been acquitted of the charges, whereas the appellant (accused) had been convicted and sentenced---Benefit of the same should have also been extended to the appellant---Injured, shown as a witness in the calendar of witnesses in the charge sheet, had not been produced by the prosecution for evidence in support of its case without any cogent and plausible reason, thus the prosecution had withheld the best evidence---Case of the prosecution was on weak footings and the benefit of doubt arose in favour of the appellant (accused)---Appeal was allowed; the judgments passed by the Trial Court and High Court were set aside to the extent of the appellant; and he was acquitted of the charge.

SHAUKAT HUSSAIN vs State S — 2024 SCMR 929 SUPREME-COURT

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