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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. 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---Sentence, quantum of---Mitigating circumstances---Accused were charged for committing murder of the husband of complainant during robbery---In the present case, the stolen articles were produced by father of the appellant---Conviction and sentence awarded to the appellant under S.411, P.P.C could not be maintained as S.411 P.P.C required that a person who retained any stolen property should be charged with the said offence, whereas in this case, the stolen articles were produced by father of the appellant, and no such fact had been proved on record that the said articles were in possession of the appellant---Therefore, conviction and sentence under S.411, P.P.C awarded to the appellant was against the law---Moreover, non-production of one of the relatives of complainant as a witness, who was telephonically informed by the complainant about the alleged occurrence at the first instance, constituted a mitigating circumstance---On the other hand, the requirement of S.392, P.P.C. had to be seen in the light of the statement recorded by complainant, who was put under fear of instant death and she was also injured and wrongly detained, therefore, all the ingredients of robbery mentioned in S.392 P.P.C were present in the case---Hence, sentence of three years imprisonment awarded to the appellant under S.392 P.P.C was on the lesser side, therefore the same was enhanced to 10 years---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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