Muhammad Ishtiaq vs State Ss — 2025 YLR 901 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2025 YLR 901 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2025
Reporter: YLR
Parties: Muhammad Ishtiaq vs State Ss
Subject matter: Criminal
Provisions referred to: S. 13---L

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

Muhammad Ishtiaq VS State Ss. 458 & 392---Offences against Property (Enforcement of Hadood) Ordinance (XLVII of 1985), 17(3)---arms Ordinance (XX of 1965), S. 13---Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint, robbery, haraabah, possession of illegal weapon---appreciation of evidence---Minor inconsistencies in statements of witnesses---Insufficient to acquit accused---accused was charged that he along with his co-accused entered into the house of complainant and robbed different articles on gun point---Defense pointed out minor inconsistencies in the prosecution witnesses' statements, specifically noting that, according to the testimony of a prosecution witness, the convict-appellant was allegedly carrying a Kalashnikov, however, the recovered weapon on record was a 30-bore pistol---Such inconsistency raised questions regarding the reliability of certain aspects of the prosecution's case, but it was not sufficient by itself to undermine the entirety of the case---Nonetheless, such discrepancies might serve as mitigating factors, depending on the broader circumstances of the case---Courts often exercised discretion regarding minor inconsistencies, particularly when the overall evidence sufficiently connected the accused to the offence---Circumstances established that the prosecution had proved its case against the appellant beyond shadow of doubt, however, due to mitigating circumstances, the appellant's sentence of seven years was reduced to the period already served---appeal was partly allowed with said modification in sentence.

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