| Citation(s) |
|---|
| 2026 SLD 3154 = 2026 LHC 4514 |
Crl. Appeal No.35831-J of 2021 Crl. Rev. No.31901 of 2021
Presented By: (AALIA NEELUM) CHIEF JUSTICE
Date of hearing: 24.06.2026. Appellant by: M/s Mehram Ali Bali and Barrister Abdul Qudoos Sohal, Advocates. State by: Mr. Muhammad Akhlaq, Additional Prosecutor General. Complainant by: M/s Basit Nawaz Khan and Saif-ur-Rehman Hafeez, Advocates.
(Shah Muhammad
VERSUS
The State, etc.) (Sher Pao Khan versus Shah Muhammad, etc.)
Law: Pakistan Penal Code (PPC),1860
Section: 302(b), 148 & 149
Law: Code of Criminal Procedure, 1898
Section: 544-A, 382-B, 342, 340(2), 173, 491, 54
Tagline
Benefit of doubt must be extended where the FIR is doubtful, identification parade is unreliable, and prosecution evidence suffers from material contradictions.
Summary
The appellant, Shah Muhammad, was convicted by the trial court under Section 302(b) PPC and sentenced to life imprisonment for the murder of Khuda Dad. He challenged his conviction before the High Court, while the complainant sought enhancement of sentence through a criminal revision.
The High Court found that the prosecution case suffered from serious defects. Although the FIR was promptly registered, it was lodged against unknown accused, despite the complainant later admitting that the accused was already known to him. Neither the FIR nor the complainant disclosed any physical description or distinguishing features of the accused. The Court also noticed discrepancies in the FIR, injury statement, and inquest report, indicating that the FIR and related proceedings appeared to be ante-timed.