Syed Abdul Basit Shah vs State Ss — 2025 YLR 101 ISLAMABAD

Case information

Citation: 2025 YLR 101 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: YLR
Parties: Syed Abdul Basit Shah vs State Ss
Subject matter: Criminal
Provisions referred to: S. 174; Criminal Procedure Code (V of 1898)

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

Syed Abdul Basit Shah VS State Ss. 302(b), 109, 201 & 34---Criminal Procedure Code (V of 1898), Ss. 174 & 176---Qatl-i-amd, abetment, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---Appreciation of evidence---Cause of death, report of---Accused was charged that he and his co-accused persons committed murder of the daughter of complainant---Record showed that initially, through Rapat No.56 recorded in the daily Roznamcha on 24.09.2021, the proceedings under S.174, Cr.P.C, were initiated upon the complaint of complainant---However, the FIR in the case was registered on 02.04.2022 (i.e. almost more than six months of the alleged occurrence)---Section 174, Cr.P.C, made it obligatory upon the Police Officer to show strict compliance with the requirements of the said provision of law and after fulfillment of all the requisite formalities mentioned therein should forthwith forward his report to the District Magistrate or the Sub-Divisional Magistrate---Said proceedings were not brought to their logical conclusion and the same remained pending for almost six months i.e. till the registration of FIR---Statements of the witnesses revealed that compliance with the requirements of S.174, Cr.P.C, were not complied with in letter and spirit---Circumstances established that the prosecution had failed to establish its case against the appellant beyond any shadow of reasonable doubt---Appeal against conviction was allowed accordingly.

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