Khadim Hussain vs State S — 2024 YLR 2247 FEDERAL-SHARIAT-COURT

Case information

Citation: 2024 YLR 2247 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2024
Reporter: YLR
Parties: Khadim Hussain vs State S
Subject matter: Criminal
Provisions referred to: S. 17; S. 164; 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

Khadim Hussain VS State S. 17(4)---Penal Code (XLV of 1860), Ss. 202 & 412---Harrabah, intentional omission to give information of offence by person bound to inform, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Delay of 30 days in lodging FIR---Accused were charged for committing murder of the brother and nephew of the complainant during dacoity---Incident was shown to have taken place on 28.07.2018 and report whereof as mursila was made on 29.08.2018, which was culminated into FIR the same date on 29.08.2018, and it was after more than 30 days of the incident---Complainant and a witness for the first time named the three appellants and the respondents as accused on the basis of hearsay evidence, stating that they were searching for the real accused and now they were fully satisfied that the three appellants and the respondents had committed the offence but they had not shown any source of their satisfaction relating to the involvement of the three appellants and the respondents in their supplementary statements before the police and in their statements under S.164, Cr.P.C, recorded before the Judicial Magistrate on 28.08.2018---There was no plausible explanation for such an inordinate delay of more than 30 days in naming the three appellants and the respondents as accused, which itself robbed their credibility---Credibility of a witness is looked with serious suspicion if his statement during investigation is recorded with delay without offering plausible explanation---Appeal against conviction was accordingly allowed.

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