It is salutary principle of law that each criminal case has its own facts and circumstances and has to be decided according to the peculiar facts surfaced on the record.

 2022 SCMR 976

It is salutary principle of law that each criminal case has its own facts and circumstances and has to be decided according to the peculiar facts surfaced on the record. There is no denial to this fact that according to the contents of the crime report, the petitioner is stated to be armed with sota who gave injury on the vital part of the body of the deceased which was seen by the prosecution witnesses. The said injury was subsequently found contributory, however, during the course of investigation, the contents of the crime report were found contradicted and entirely different story was surfaced on the record. The Investigating Officer gave a definite finding of fact that the deceased Azhar Iqbal had illicit intimacy with the daughter of the petitioner and he on that occasion with an intent to fulfill his lust trespassed into the house of the petitioner, where he was overseen by the male members of the family resulting into torture which proved fatal. There are certain very specific reasons to entertain the petition in hand. It is difficult to digest that the prosecution witnesses, mentioned in the crime report, were actually present over there at the odd hours of the night to observe the occurrence as given in the crime report. Further whether at that odd hour of the night, the attempt of the deceased to trespass in the house was bona fide at his part which ultimately resulted into his death. All these queries when juxtaposed with the liberty of a person who was forced to indulge into the crime, if any, the latter is more precious as per the dictates of justice. Otherwise in suchlike cases, the analogy can be drawn from the statutory law prevalent in United Kingdom called "Homicide Act, 1957" wherein if a crime is committed due to mental or psychological compulsion, it squarely falls within the ambit of diminished liability. It is a legal doctrine that absolves an accused person of part of the liability for his criminal act if he suffers from such abnormality of mind as to substantially impair his responsibility in Committing or being a party to an alleged criminal act, which is committed under the impulses of question of ghairat, the doctrine of diminished liability would be squarely attracted providing mitigation/ defence to avail the same in suchlike cases, otherwise in ordinary circumstances the commencement of trial itself is a sufficient ground to decline the prayer of the petitioner, but in the instant case there are sufficient grounds to believe that it is a case offurther inquiry entitling for the concession of bail wherein Section 497(4) Cr.P. C. can be pressed into to do complete justice which is attire of this Court.