| Citation(s) |
|---|
| 2022 SLG 2022 2022 SLD 2022 2022 PLJ 1000 |
Lahore High Court
Crl. Rev. No. 14158 of 2019, heard on 19.5.2021. hearing date: 19.5.2021.
SOHAIL NASIR, J.
Mr. Muhammad Asif Bhatti, Advocate for Petitioners. Ms. Rahila Shahid, DDPP for State. Nemo for Complainant.
Crl. Rev. No. 14158 of 2019, heard on 19.5.2021. hearing date: 19.5.2021.
SOHAIL NASIR, J.
Mr. Muhammad Asif Bhatti, Advocate for Petitioners. Ms. Rahila Shahid, DDPP for State. Nemo for Complainant.
RIZWAN AHMAD and 3 others
VS
STATE and another
Law: Pakistan Penal Code, 1860
Section: 337-A,337-F(vi),337-L(ii),147
Law: Criminal Procedure Code (V of 1898)
Section: 435/439
Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 337-A, 337-F(vi), 337-L(ii) 147--Criminal Procedure Code, 1898, Ss. 435/439--Criminal revision--Conviction and sentence--Challenge--Dismissed--Modification is sentence--Hence the Criminal revision filed can be relied, but certainly subject to fulfillment of criteria on touchstone of appreciation of evidence--Presence of injured witness, too, is a settled proposition that his/her presence at place of occurrence cannot be disputed or doubted because of injuries on his body--Injury on persons of a witness is an in-built guarantee--PW-2 was having considerable time for consultations and deliberations as his statement was recorded after three days of occurrence--If, before 15.01.2011, injured was unfit to make statement for that it was duty of Investigating Officer to seek an opinion in writing in this regard from Medical Officer--During his examination-in-chief Shahid Iqbal also made material improvements to bring his evidence in line with medical evidence--Medical evidence only describes nature of injuries, kind of weapons used and duration thereof--It never tells names of assailants--High Court has authority, not only suo motu but also on an application of an aggrieved party, to call for and examine record of any proceedings before any inferior criminal Court and pass appropriate orders--In order to invoke revisional jurisdiction two conditions precedent constituting jurisdictional facts would require to be fulfilled: first, it should relate to proceedings and second, said proceedings should be before an inferior criminal Court--High Court under revisional jurisdiction has to examine record for purpose of satisfying its conscience to check correctness, legality or propriety of any findings, sentence or order passed by Courts subordinate to it--Therefore, duty casted upon High Court on its revisional side compels it to reappraise entire evidence--Revision allowed. [Pp. 1005, 1007, 1008 1009] A, B, C, D, E, F G PLD 2020 SC 427. JUDGMENT Rizwan Ahmad, Muhammad Arif, Ghulam Qadir and Zafar Iqbal (Petitioners) along with seven others were tried in case FIR No. 22 (Ex-PW) recorded at Police Station Civil Line Mandi…
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