Case Details

Citation(s)
2024 SLG 3103 2024 SLD 3103 2024 MLD 703

"Spl. A.T. Appeals No. 309, 310 and 311 of 2016 and confirmation case No. 1 of 2017, decided on 11th November, 2021.Date of hearing: 3rd November, 2021."
Present: Mohammad Karim Khan Agha and Kausar Sultana Hussain, JJ
"Khawaja Naveed Ahmed for Appellant. Muhammad Iqbal Awan, Additional Prosecutor General Sindh for the State."

YASEEN BALOUCH---Applicant

VS

The STATE---Respondent

Law:

Section: 302,324,365,34

(a) Penal Code (XLV of 1860)--- ----Ss.302, 324, 365 & 34---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Statement of sole eye-witness doubtful---Accused were charged for committing murder of sister, brother-in-law and two nephews of the complainant, injuring his niece and also committing rape with his niece and her mother---Apparently sole eye-witness/injured narrated the incident to the complainant whilst she was being treated in hospital---According to the evidence of Investigating Officer when he went to take the statement of injured witness in hospital the Medical Officer informed him that she was unable to make a statement and stopped him from doing so which tended to cast doubt on the content of the later FIR lodged by the complainant---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ---Ss. 302, 324, 365 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, common intention, act of terrorism---Appreciation of evidence---Benefit of Doubt---Contents of FIR based on hearsay evidence---Effect---Accused were charged for committing murder of sister, brother-in-law and two nephews of the complainant, injuring his niece and also committing rape with his niece and her mother---Record showed that at 06:00 p.m., Investigating Officer recorded the statement of the complainant at his home who gave a very detailed statement of the incident i.e. rape and murder which had allegedly been given to him earlier by injured witness at the hospital who even gave the names of all the accused and co-accused---Such detail in the FIR based on the hearsay evidence of an injured women who was not well enough to record her statement before the police at about the same time as she gave the information…
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