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Shakeel Ahmed Qureshi vs State Ss — 2025 PCrLJ 1125 ISLAMABAD

Case information

Citation
2025 PCrLJ 1125 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PCRLJ
Parties
Shakeel Ahmed Qureshi vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342; S. 411; S. 392; S. 302

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

Shakeel Ahmed Qureshi VS State Ss. 302(b), 392, 354, 411 & 34---Qatl-i-amd, robbery, assault or criminal force to a woman with the intent to outrage her modesty, dishonestly receiving stolen property, common intention---Appreciation of evidence---Defence plea of not being present of place of occurrence not proved---Scope---Accused were charged for committing murder of the husband of complainant during robbery---Allegedly, appellant was not present at the scene of occurrence and he was substituted in the case---In his statement recorded under S.342, Cr.P.C, the appellant denied his presence in the servant quarter of the complainant whereas the appellant was duly identified by the complainant and his credentials were fully known to her, therefore, question of substitution of the appellant did not arise as the appellant had failed to prove the same---Substitution of an accused is a rare phenomenon and one who alleges substitution must lay down the foundation for it---Circumstances established that the prosecution had proved its case against the appellant beyond shadow of any doubt---However, due to mitigating circumstances, sentence under S.411 P.P.C was set-aside, whereas the sentence under S.392, P.P.C, was enhanced to 10 years and the sentence of life imprisonment under S.302(b), P.P.C was maintained---Criminal appeal was partly allowed.

Other judgments reported in 2025 PCRLJ

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