Talib vs State Ss — 2026 YLR 640 FEDERAL-SHARIAT-COURT

Case information

Citation: 2026 YLR 640 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2026
Reporter: YLR
Parties: Talib vs State Ss
Subject matter: Criminal
Provisions referred to: S. 17

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

Talib VS State Ss. 302(b), 396, 337-H(2), 148 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qatl-i-amd, dacoity with murder, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapons, unlawful assembly, harabbah---appreciation of evidence---Benefit of doubt---Defective investigation---accused were charged for attempting to take away the cattle upon which brother of complainant made resistance, thereafter he was murdered by the accused persons through firing---Sketch of wardat was prepared by Mukhtiarkar, who went to the place of occurrence on 09.2.2014 i.e. after eight days of the occurrence---Therefore, on part of the Investigating Officer there was negligence and failure in collecting the evidence---Investigating Officer had not opted to proceed to the spot forthwith, however he was bound by the Police Rules 1934, mentioned at Rule number 25.13 for preparation of two site plans of the offence---Investigating Officer did nothing in securing the scene of occurrence rather acted negligently even in lodging the FIR---Site plan got prepared through the Mukhtiarkar, was incomplete and be was even unable to highlight the sight of occurrence and also had not shown the place of presence of the witnesses or the cattle---Said witness also had not mentioned the place of collection of blood stained earth by the Investigation Officer---In short, same proved a futile exercise and served no purpose whatsoever for the prosecution---appeal against conviction was allowed, in circumstances.

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