Law: Penal Code (XLV of 1860)

Section: 324,337D,337Fii,337Fiii,147,148,149,337X

Law: Qanun-e-Shahadat Order, 1984

Section: 10,129g

(a) Penal Code (XLV of 1860)-------Ss. 324, 337-D, 337-F(ii), 337-F(iii), 147, 148 & 149---Attempt to commit qatl-i-amd, jaifah, causing badi'ah, ghayr-jaifah-hashimah, rioting, rioting armed with deadly weapons, unlawful assembly--Appreciation of evidence---Delay of ten hours in lodging the FIR---Consequential---Accused were charged for causing injuries to the complainant and his companion---Record showed that the incident had taken place on 09.10.2022, at 01:50 pm, but the FIR was lodged at 11:58 pm with an unexplained delay of about 10 hours while the distance between police station and place of incident was one and half kilometers---Such delay in the circumstances and facts of the present case caused serious doubt in the prosecution story and directly affected the prosecution case---Delay in the present case had greater significance and it could be attributed to consultation, taking instruction collectedly, preparing the report, keeping the name of the accused open for roping such person whom prosecution might wish to implicate---Complainant while taking the advantage of such delay in lodging the FIR indicted all the brothers of the accused in the present case, who were acquitted by the Trial Court---Such unexplained delay in lodging FIR was fatal for the prosecution case--Circumstances established that the prosecution has failed to prove its case against the appellant beyond any reasonable doubt---Appeal against conviction was accordingly allowed.2021 YLR Note 152; 2020 YLR 1685; 2020 PCr.LJ 503; 2024 PCr.LJ 993 and 2024 SCMR 929 ref.Shaukat Hussain v. The State through PG Punjab and another 2024 SCMR 929 rel.(b) Penal Code (XLV of 1860)-------Ss. 324, 337-D, 337-F(ii), 337-F(iii), 147, 148 & 149---Attempt to commit qatl-i-amd, jaifah, causing badi'ah, ghayr-jaifah-hashimah, rioting, rioting armed with deadly weapons, unlawful assembly--Appreciation of evidence---Discrepancies in the statements of witnesses---Accused were charged for causing injuries to the complainant and his companion---Record showed that incident took place on 09.10.2022 at 01:50 pm---According to complainant/injured, he was stabbed by the accused in his abdomen by means of…

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