Law: Penal Code (XLV of 1860)

Section: 302(B),337,341,147,148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 377, 341, 147, 148 149---Qatl-i-amd, unnatural offence, wrongful restraint, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Delay of about twenty four hours in lodging the FIR---Scope---Accused were charged for committing sodomy with the son of complainant and then murdering him---Record showed that the FIR was lodged within just over 24 hours of the incident---Any delay in lodging the FIR had been fully explained---According to the evidence of complainant, his party which included the deceased were abducted by the accused persons and other co-accused at about 3.30 p.m. where they were held captive until about 6.00 am---When he managed to escape, he then had to reach his village where he informed the nekmard and other relatives, who then all returned to the wardat where the dead body was laying, the police was called, which carried out necessary formalities at the wardat---Dead body was then taken to the hospital where the post mortem was conducted where after the body was released for burial and after burial of the dead body, the FIR was lodged leaving no time to cook up a false case against the accused persons and their co-accused---Any delay in lodging the FIR had been fully explained based on the particular facts and circumstances of the case---Such delay in filing the FIR by the complainant was not fatal to the prosecutions case---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly. Mst. Asia Bibi v. The State and others PLD 2019 SC 64; Altaf Hussain v. The State 2019 SCMR 274; Muhammad Imran v. The State 2020 SCMR 857; Muhammad Asif v. The State 2017 SCMR 486; Hashim Qasim v. The State 2017 SCMR 986; Muhammad Akram v. The State 2009 SCMR 230; Ali Haider alias Papu v. Jameel Hussain and others PLD 2021 SC 362; Imran Ali v. The State 2018 SCMR 1372 and Gul Muhammad v. The State 2011 SCMR 670 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 377, 341, 147, 148 149---Qatl-i-amd, unnatural offence, wrongful restraint, rioting, rioting armed with deadly…

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