Sajid Akram vs State Ss — 2025 YLR 992 HIGH-COURT-AZAD-KASHMIR

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Sajid Akram VS State Ss. 302(b), 458, 337-a(i), 337-F(i), 337-D(i), 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3) & (4)---Pakistan arms act (XX of 1965), S. 13---Qatl-i-amd, lurking house-trespass or housebreaking by night after prepara-tion for hurt, assault or wrongful restraint, shajjah-i-khafifah, ghayr-jaifah-damiyah, jaifah, abetment, common intention, harabah, possessing illicit weapons--- appreciation of evidence---Co-accused discharged by the police---accused was charged that he along with his co-accused entered into the house of complainant, took away cash, gold ornaments, 12-bore rifle and documents and made firing due to which, sister-in-law of complainant was hit and died, whereas his wife sustained firearm injuries---Nothing was available on record to connect the appellant to the alleged occurrence because the guilt of the appellant had not been proved to the hilt---Statement of co-accused on the basis of which the convict-appellant was taken into custody and investigated was not corroborated by any other reliable piece of evidence, rather it was flagrantly doubtful for the reason that during investigation, co-accused also involved some other persons in the occurrence who were discharged by the police during investigation under S.169 Cr.P.C.---appeal against conviction was allowed, in circumstances. Citation Name: 2025 YLR 992 HIGH-COURT-AZAD-KASHMIRBookmark this Case Sajid Akram VS State Ss. 302(b), 458, 337-a(i), 337-F(i), 337-D(i), 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3) & (4)---Pakistan arms act (XX of 1965), S. 13---Qatl-i-amd, lurking house-trespass or housebreaking by night after preparation for hurt, assault or wrongful restraint, shajjah-i-khafifah, ghayr-jaifah-damiyah, jaifah, abetment, common intention, harabah, possessing illicit weapons--- appreciation of evidence---Lurking house trespass, applicability of---accused was charged that he along with his co-accused entered into the house of complainant, took away cash, gold ornaments, 12-bore rifle and documents and made firing due to which, sister-in-law of complainant was hit and died, whereas his wife sustained firearm injuries---In the site plan, the location of bathroom where the accused caught hold of the niece of complainant had not been mentioned rather shewas shown at place No.3 along with other inmates, hence it could not be opined that the said bathroom was located within the premises of house and the convict-appellant forcibly entered into the house---Lurking generally means to wait or move in a secret way, often with negative connotations like waiting to attack or do something wrong---Though the location of bathroom had not been illuminated in the site plan but as per prosecution story the accused persons committed lurking house trespass because when niece of complainant went to bathroom they were already waiting to attack---It had not been substantiated from any angle or stretch of any evidence that the convict-appellant was involved in the case and committed the offence of lurking house trespass into the premises of the complainant---appeal against conviction was allowed, in circumstances. Citation Name: 2025 YLR 992 HIGH-COURT-AZAD-KASHMIRBookmark this Case Sajid Akram VS State Benefit of doubt---Principle---If a slightest doubt was observed in the prosecution version, the benefit of the same had to be extended in favour of accused as a matter of right and not grace. Citation Name: 2025 YLR 992 HIGH-COURT-AZAD-KASHMIRBookmark this Case Sajid Akram VS State Ss. 302(b), 458, 337-a(i), 337-F(i), 337-D(i), 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss.17(3) & 17(4)---arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, lurking house-trespass or housebreaking by night after preparation for hurt, assault or wrongful restraint, shajjah-i-khafifah, ghayr-jaifah-damiyah, jaifah, abetment, common intention, harabah, possessing illicit weapons--- appreciation of evidence---Non-recovery of weapon of offence---accused was charged that he along with his co-accused entered into the house of complainant, took away cash, gold ornaments, 12-bore rifle and documents and made firing due to which, sister-in-law of complainant was hit and died, whereas his wife sustained firearm injuries---as per the contents of FIR, all three accused persons were armed with Kalashnikov but neither any recovery of Kalashnikov had been made on the instance of convict-appellant nor any other alleged snatched article was recovered on the pointation of the convict-appellant---Such reality alone ipso facto shrouded the prosecution version into mystery to the extent of appellant---appeal against conviction was allowed in circumstances. Citation Name: 2025 YLR 992 HIGH-COURT-AZAD-KASHMIRBookmark this Case Sajid Akram VS State Ss. 302(b), 458, 337-a(i), 337-F(i), 337-D(i), 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss.17(3) & 17(4)---arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, lurking house-trespass or housebreaking by night after preparation for hurt, assault or wrongful restraint, shajjah-i-khafifah, ghayr-jaifah-damiyah, jaifah, abetment, common intention, harabah, possessing illicit weapons--- appreciation of evidence---accused was charged that he along with his co-accused entered into the house of complainant, took away cash, gold ornaments, 12-bore rifle and documents and made firing due to which sister-in-law of complainant was hit and died, whereas his wife sustained firearm injuries---admittedly convict-appellant had been involved in the case in view of the statement of co-accused, who was an absconder---No one from the complainant side or his inmates identified appellant, though it was sine qua non for the prosecution to conduct the identification parade of the convict appellant---admittedly, no identification parade had been con-ducted---Co-accused also nominated some other persons as accused but all of them were discharged under S.169 Cr.P.C. by the police during investigation except the convict-appellant, thus the statement of co-accused by involving convict appellant became highly doubtful and was required to be corroborated by other reliable evidence--- In the instant case it was apparent from the available record that the statement of co-accused to the extent of involvement of convict-appellant had not been corroborated by any other piece of evidence---appeal against conviction was allowed, in circumstances. Citation Name: 2025 YLR 992 HIGH-COURT-AZAD-KASHMIRBookmark this Case Sajid Akram VS State Ss. 302(b), 458, 337-a(i), 337-F(i), 337-D(i), 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss.17(3) & 17(4)---arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, lurking house-trespass or housebreaking by night after preparation for hurt, assault or wrongful restraint, shajjah-i-khafifah, ghayr-jaifah-damiyah, jaifah, abetment, common intention, harabah, possessing illicit weapons---appreciation of evidence---Improvements in the statement of witnesses---accused was charged that he along with his co-accused entered into the house of complainant, took away cash, gold ornaments, 12-bore rifle and documents and made firing due to which sister-in-law of complainant was hit and died, whereas his wife sustained firearm injuries---Record showed that no prosecution witness had nominated convict-appellant in their statements recorded under S.161, Cr.P.C. whereas the complainant had made improvement in his Court statement by deposing that two accused went to the other rooms of the house for search whereas in the FIR, no specific role was attributed to the convict appellant---Complainant also deposed in his Court statement that he knew convict-appellant before the occurrence thus, he could nominate the convict appellant in the FIR if was involved---appeal against conviction was allowed, in circumstances.

Sajid Akram vs State Ss — 2025 YLR 992 HIGH-COURT-AZAD-KASHMIR

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