Muhammad Younas vs Usman Ss — 2025 YLR 1888 SUPREME-COURT-AZAD-KASHMIR

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Muhammad Younas VS Usman Ss. 302(b), 394, 341, 201, 204, 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---arms act (XX of 1965), S. 13---Qatl-i-amd, voluntarily causing hurt in committing robbery, wrongful restrain, causing disappearance of evidence of offence or giving false information to screen defenders, destruction of document to prevent its production as evidence, abetment, common intention, harabbah, possession of illicit weapon---appreciation of evidence---Delay of more than three years in forwarding the statement of accused to the Trial Court---Effect---accused were charged for committing murder of the husband of complainant by firing during robbery---alleged by defence that the accused's statement under S.164, Cr.P.C.,were recorded in contravention of the statutory provisions and were forwarded to the Trial Court after a delay of more than three years, thereby diminishing their evidentiary value---In the present case, it was acknowledged that the statements recorded by the Magistrate remained in the Magistrate's office for an extended period constituting a significant lapse that could not be ignored lightly---However, the conviction recorded by the Trial Court was not based solely on the statements recorded under S.164, Cr.P.C.---Instead, those statements were utilized as corroborative evidence in conjunction with other material on record---When the prosecution's case against the convicts was otherwise substantiated, a procedural irregularity in recording the statement did not automatically warrant an acquittal---Such violations might have treated as mitigating factors, potentially benefiting the accused in terms of sentencing---Circumstances established that the prosecution had proved its case, however due to some mitigating circumstance, the sentence of 25 years awarded to each accused was reduced to 14 years---appeal was partially allowed with said modification in sentence.

Muhammad Younas vs Usman Ss — 2025 YLR 1888 SUPREME-COURT-AZAD-KASHMIR

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