| Citation(s) |
|---|
| 2014 SLG 2362 2014 SLD 2362 2014 YLR 724 |
Federal Shariat Court
Criminal Appeals Nos. 77/L, 85/L of 2009, 65-I of 2010 andCriminal Murder Reference No. 11-I of 2009, decided on 29thAugust, 2013. DATE of hearing: 27th August, 2013
SHAHZADO SHAIKH, RIZWAN ALI DODANI AND SHEIKH AHMAD FAROOQ, JJ
Shahbaz A. Rizvi and M. Abdul Sattar Chughtai for Appellants. Manzoor Hussain Butt for the Complainant. Tariq Javed, D.D.P.P. for the State
Criminal Appeals Nos. 77/L, 85/L of 2009, 65-I of 2010 andCriminal Murder Reference No. 11-I of 2009, decided on 29thAugust, 2013. DATE of hearing: 27th August, 2013
SHAHZADO SHAIKH, RIZWAN ALI DODANI AND SHEIKH AHMAD FAROOQ, JJ
Shahbaz A. Rizvi and M. Abdul Sattar Chughtai for Appellants. Manzoor Hussain Butt for the Complainant. Tariq Javed, D.D.P.P. for the State
SHAHNAWAZ and 2 othersVsThe STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 201---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(4)---Qatl-e-amd, causing disappearance of evidence of offence, or giving false information, zina-bil-jabr, liable to Tazir---Appreciation of evidence---Benefit of doubt---F.I.R., was got recorded after a delay of about 7/8 hours, which delay was unexplained---Such delay would lead to inference that occurrence was unwitnessed, and the complainant availed enough time to deliberate, consult and fabricate a false story---Postmortem examination of the deceased ladies was also conducted after approximately 22 to 28 hours of the death---Possibility, could not be ruled out that the intervening period could have been consumed by the complainant for concocting a story, in consultation with his relatives to falsely implicate accused persons---No one had seen accused persons committing qatl-e-amd of deceased ladies---Mere allegation that accused were seen digging the earth and burying the dead bodies in the mud, was not sufficient to hold that said two ladies were actually murdered by accused persons---Two ladies could not be murdered by one person, in the manner, narrated by prosecution witnesses---Two co-accused persons were declared innocent during investigation, and were acquitted by the Trial Court---Case of convicted accused, could not be distinguished from acquitted co-accused---Ocular account of the occurrence furnished by the prosecution was not trustworthy or confidence inspiring; and accused persons could not have been convicted on the basis of inherent weak and improbable prosecution story---Ocular account of the incident, was not at all corroborated by the medical evidence---Recovery of articles belonging to the deceased ladies, could not be relied upon for maintaining conviction of accused, as no mention was in the F.I.R. or the statements of the prosecution witnesses that deceased ladies were wearing said articles---Said articles were never got identified by the Investigating Officer---Articles belonging to the deceased ladies, were not only recovered at a belated stage, but also from muddy wet surface of sugar-cane field---Said…
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