Law: Penal Code (XLV of 1860)

Section: 302,364,337-F(i),337-H(2),506(2),147,148 ,149

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 17(3)

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 364, 337-F(i), 337-H(2), 506(2), 147, 148 149---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---Qatl-i-amd, kidnapping or abduction in order to murder, ghayr-jaifah-damiyah, rash and negligent act, rioting, rioting armed with deadly weapon, unlawful assembly, haraabah---Appreciation of evidence---Appeal against acquittal--- Delay in lodging FIR and in recording statements of witnesses--- Scope--- Accused were charged for assaulting on the complainant party, kidnapping its one member and later on committing his murder---Record showed that the incident of alleged abduction of deceased and other person was shown to have taken place at 03:30 p.m.---First Information Report was lodged at 03:45 p.m. i.e. after more than 24 hours of the incident---Statements of witnesses under S.161, of Cr.P.C were recorded with further delay i.e. after 12 days of the incident and 11 days of the lodgement of the FIR---No plausible explanation for such an inordinate delay in lodgement of the FIR and in recording statements of the witnesses had been furnished---Such delay in lodgement of the FIR had been viewed with grave suspicion, how much it threw clouds of suspicion on the seeds of prosecution---Possibility of false implication of the accused persons after consultations and deliberations could not be ruled out, in circumstances---Appeal was dismissed accordingly. Ghulam Nabi v. Ikram alias Kama and others 2020 SCMR 477; Haji Paio Khan v. Sher Biaz and others 2009 SCMR 803 and M.B. Abbasi and another v. The State 2009 SCMR 808 ref. Akhtar Ali and others v. The State 2008 SCMR 6; Ayub Masih v. The State PLD 2002 SC 1038 and Muhammad Asif v. The State 2017 SCMR 486 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 364, 337-F(i), 337-H(2), 506(2), 147, 148 149---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)--- Qatl-i-amd, kidnapping or abduction in order to murder, ghayr-jaifah-damiyah, rash and negligent act, rioting, rioting armed with deadly weapon, unlawful assembly, haraabah---Appreciation of evidence---Appeal against acquittal---Contradictions in statements of…

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