Law: Penal Code (XLV of 1860)

Section: 302(b),396,397

Law: Criminal Procedure Code (V of 1898)

Section: 417,410,4172A

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 396 & 397---Criminal Procedure Code (V of 1898), S.417----Qatli-amd, committing robbery or dacoity, at the time of committing dacoity or robbery the offender uses any deadly weapon or causes grievous hurt to any person or attempts to cause death or grievous hurt to any person---Appeal against acquittal---Appreciation of evidence---Delay of about 05 hours in lodging the FIR---Consequential---Accused were charged for committing murder of the uncle of complainant and causing firearm injuries to a minor baby girl during dacoity--Record showed that the occurrence had taken place at 11:00 p.m, whereas, the report was lodged on the next date at about 04:00 p.m---Complainant of present case charged the respondents along with co-accused---On the face of it, there was inordinate delay of 05 hours in lodging the report by the complainant--Astonishingly when the deceased succumbed to his injuries then question was what prevented complainant to lodge report in Police Station, despite the fact that distance of Police Station from place of occurrence was 5/6 kilometers, which created serious doubt in the prosecution story---Needless to say that delay in lodging report cannot simply be brushed aside, as it has assumed great significance and it can be attributed to consultation, taking instructions and calculatedly preparing the report keeping the names of the assailants open for involving such persons, who ultimately, the prosecution may wish to nominate--Appeal against acquittal was accordingly dismissed.Muhammad Rafique v. The State 2014 SCMR 1698 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 396 & 397---Criminal Procedure Code (V of 1898), S.417---Qatli-amd, committing robbery or dacoity, at the time of committing dacoity or robbery, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person---Appeal against acquittal---Appreciation of evidence---Identifications of the accused--Accused were charged for committing murder of the uncle of complainant and causing firearm injuries to a minor baby girl during dacoity---Complainant in his first…