Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF vs State Ss

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Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF VS State Ss. 302(b), 392, 412 & 34---Qatl-i-amd, robbery, dishonestly receiving stolen property, common intention---Appreciation of evidence---Benefit of doubt---Ocular account not supported by medical evidence---Effect---Accused were charged for committing murder of the father of complainant by firing during robbery---Record showed that medical evidence was not synchronized with the ocular account of the prosecution's case---In that context, although complainant only mentioned in crime report that deceased was injured due to firing made by one of the assailants and during the proceedings of identification parade, complainant and other witnesses categorically stated before Supervisory Magistrate that accused had made the fire shot which landed upon left side of chest of deceased, but according to medical history of the deceased as mentioned in his post mortem report and proved through the statement of Medical Officer, injury on left side of chest of the deceased was in fact an exit wound---Complainant had made an abortive attempt to cure shch material inconsistency by filing private complaint wherein he had put the whole blame upon Supervisory Magistrate that either he mistakenly mentioned the statements of eye-witnesses in the report of identification parade or failed to correctly understand their statements, but such an attempt by way of filing private complaint was made with considerable delay of five months after the holding of identification parade, therefore, it was crystal clear that the private complaint was filed with deliberations and under legal advice---Appeals were allowed and accused persons were acquitted of the charge. Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF VS State Benefit of doubt---Principle---If the prosecution fails to discharge its obligation and there remains a reasonable doubt, not an imaginary or artificial doubt, as to the guilt of the accused, the benefit of that doubt is to be given to the accused as of right, and not as of concession. Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF VS State Ss. 302(b), 392, 412 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery, dishonestly receiving stolen property, common intention---Appreciation of evidence---Benefit of doubt--- Identification parade--- Non-mentioning of descriptive features of accused---Effect---Accused were charged for committing murder of the father of complainant by firing during robbery---Record showed that none of the accused was nominated in FIR---Prosecution had heavily relied upon identification parade in order to prove culpability in the case---In that context, it was noted that both the eye-witnesses could not mention any descriptive features of the assailants during investigation before the police as well as before Trial Court except that the accused were of average height---Such material discrepancy, alone, was sufficient to diminish the evidentiary value of identification parade---Appeals were allowed and accused persons were acquitted of the charge. Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF VS State Ss. 302(b), 392, 412 & 34---Qatl-i-amd, robbery, dishonestly receiving stolen property, common intention---Appreciation of evidence---Benefit of doubt---Recovery of incriminating material--- Inconsequential--- Accused were charged for committing murder of the father of complainant by firing during robbery---Record showed that the articles in the shape of handbag and cheque books were not recovered from any accused rather the same were shown to have been taken into possession from the bank of canal---Similarly, recovery of motorcycle from accused was also not helpful for prosecution's case because no registration number of motorcycle used by the assailants during the occurrence had been mentioned by the complainant in FIR--- Appeals were allowed and accused persons were acquitted of the charge. Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF VS State Recoveries---Scope---Recoveries being purely corroboratory in nature could not be considered to sustain conviction on a capital charge. Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF VS State Ss. 302(b), 392, 412 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery, dishonestly receiving stolen property, common intention---Appreciation of evidence---Benefit of doubt---Joint identification parade---Legality---Accused were charged for committing murder of the father of complainant by firing during robbery---As per the report of identification parade, accused was shown sitting in Row No.1 at sixth position from left to right while other accused was shown present at third place from left to right in Row No.2 and identification parade of both the accused persons had been jointly conducted---In the eventuality of said facts, it was crystal clear that the identification parade was not held in accordance with the law---Appeals were allowed and accused persons were acquitted of the charge. Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF VS State Ss. 302(b), 392, 412 & 34---Qatl-i-amd, robbery, dishonestly receiving stolen property, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from the possession of accused---Inconsequential---Accused were charged for committing murder of the father of complainant by firing during robbery---Record showed that pistol 30 bore recovered from accused was inconsequential, because, nothing was available on the record that any crime empty was collected during spot inspection and sent to the office of Forensic Science Agency, and the report of the said Agency was only to the extent that pistol was in mechanical operating condition---Appeals were allowed and accused persons were acquitted of the charge. Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF VS State Ss. 302(b), 392, 412 & 34---Qatl-i-amd, robbery, dishonestly receiving stolen property, common intention---Appreciation of evidence---Benefit of doubt---Recovery of currency notes from the accused---Inconsequential---Accused were charged for committing murder of the father of complainant by firing during robbery---Much emphasis had been laid on the recovery of cash Rs.80,000/-from accused with the denomination of 13 currency notes of Rs.5000/-, 11 currency notes of Rs. 1,000/- and 8 currency notes of Rs.500/- which were taken into possession, as well as recovery of Rs. 70,000/-from other accused with the denomination of 11 currency notes of Rs.5000/- currency notes of Rs.1,000/- and 10 currency notes of Rs.500/- which were taken into possession---However, prosecution had candidly admitted that neither any identification memo of said currency notes was available on the record nor numbers of currency notes had been mentioned in FIR as well as during investigation and trial to establish that the currency notes allegedly recovered from the accused persons were the same which were snatched from deceased during the occurrence---Such recovery was of no consequence--- Appeals were allowed and accused persons were acquitted of the charge.

Citation Name: 2024 YLR 1149 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASIF vs State Ss — 2024 YLR 1149 LAHORE-HIGH-COURT-LAHORE

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