MUHAMMAD ASGHAR vs State Ss — 2025 SCMR 1616 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD ASGHAR VS State Ss. 302(b), 352 & 354---Qatl-i-amd, assault or criminal force used against someone, except when there is grave and sudden provocation, assault or criminal force to a woman with intent to outrage her modesty---Re-appraisal of evidence---Benefit of doubt---Delay of 13 hours and 25-minutes in lodging the FIR---Petitioner/accused was charged for committing murder of the husband of complainant by inflicting danda blows and then he subjected complainant and her daughter to physical assault and tore their clothes, in an attempt to outrage their modesty---Record reflected that in the FIR, it was alleged that on 19.07.2012 at about 1:15 p.m. the petitioner initiated his assault on the deceased and subsequently assaulted the complainant and her daughter---Admittedly, though the FIR was lodged on 20.07.2012 at 2:40 a.m. an alarming thirteen hours and twenty-five minutes after the occurrence---Complainant had sought to explain the delay by stating that she was preoccupied rushing her injured husband from hospital to hospital, however, it was also acknowledged that he was taken by ambulance to RHC shortly after the occurrence---From RHC, the deceased was referred to Civil Hospital, where he arrived at 11:45 p.m. on 19.07.2012 and was administered first aid---Foremost priority of the family members, as complainants, would be to secure treatment for their relative and attending to them during the time between the occurrence and the administration of first aid, the deceased was only shifted from one hospital to the other---After the arrival at the second hospital a further three hours elapsed before the FIR was ultimately lodged---Clearly then, there was ample opportunity to submit the report before the actual time of registration---Despite that fact, no plausible explanation for the delay had been provided by the complainant---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ASGHAR vs State Ss — 2025 SCMR 1616 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 SCMR