PLJ 2024 Cr.C. (Note) 252
[Lahore High Court, Multan Bench]
Present: Sadaqat Ali Khan, J.
versus
STATE etc.--Respondents
Crl. A. No. 284 of 2016, heard on 5.9.2024.
Pakistan Penal Code, 1860 (XLV of 1860)--
----Ss. 365-B/511--Omission of material facts by PW--Delay in recording statements of PW--Acquittal of--PW-2 caused firearm injuries on the persons of the appellants. All the three eye-witnesses have omitted this material fact--There is no medical evidence of PW-3 even to establish mark of resistance--PW-3/victim got recorded her statement u/S. 161 Cr.P.C (with unexplained delay of about one year) nothing was recovered from the appellants--For giving benefit of doubt, it is not necessary that there should be many circumstances--Criminal appeal filed by the appellants is accepted. They are acquitted of the charges. [Para 4 & 5] A, B & C
M/s. Nadeem Ahmad Tarar Malik Fahad Imran Khokhar and Haider Ali Haq, Advocates with Appellants (on bail).
Mr. Waheed Rafique, DDPP with Tahir, Inspector for State.
M/s. Israr Hayat and Ch. Imran Saqi, Advocates for Complainant.
Date of hearing: 5.9.2024.
Judgment
Sadaqat Ali Khan, J.--Appellants (Talib Hussain and Muhammad Irfan) have been tried by the trial Court in case FIR No. 466 dated 13.12.2014 in offences under Sections 365-B/511, PPC Police Station Fateh Shah, Burewala, District Vehari, and were convicted and sentenced vide judgement dated 02.04.2016 as under:
Talib Hussain and Muhammad Irfan (appellants)
u/S. 365-B/511, PPC Sentenced to imprisonment for 4-years R.I. each with fine Rs. 10,000/- each and in default whereof to further undergo simple imprisonment for 2-months each.
2. Heard. Record perused
3. Muhammad Iqbal PW-1 being complainant stated before the trial Court that on 13.12.2014 at 7:45 p.m, he was taking dinner, his sister Sharfan Bibi PW-3 went outside to answer the call of nature, his brother Khizar Hayat PW-2 saw outside in the light of torch that appellants were attempting to abduct his sister. He along with Khizar Hayat PW-2 rushed to rescue his sister. Appellants started firing. Zakir and Aslam (not PWs) reached the spot. Appellants succeeded to flee away. Khizar Hayat (PW-2) and Sharfan while appearing before the trial.
4. It is specifically mentioned in the FIR that Khizar Hayat PW-2 caused fire-arm injuries on the persons of the appellants. All the three eye-witnesses have omitted this material fact in their examination-in-chief while appearing before the trial Court which shatter their credibility. Latifullah, SI PW-4 admitted in-his cross-examination that Muhammad Iqbal PW-1/complalmant stated in his statement (Exh.PA) that Khizar Hayat PW-2 caused fire-arm injuries on the persons of the appellants. On the other hand, there is no medical evidence of Sharfan Bibi PW-3 even to establish mark of resistance, rather Mushtaq Ahmed, ASI PW-5 stated that on 03.12.2015 Sharfan Bibi Pw-3/victim appeared before him and got recorded her statement u/S. 161, Cr.P.C. (with unexplained delay of about one year) which is also fatal to the prosecution. Khalid Hussain, SI PW-7 admitted in his cross-examination that nothing was recovered from the appellants, rather he has not found any role of the appellants in the instant case.
5. In view of the above discussed circumstances, I entertain serious doubt in my mind regarding participation of the appellants in the present case. It is settled principle of law that for giving benefit of doubt, it is not necessary that there should be many circumstances creating doubt. If there is a circumstance which creates reasonable doubt in the prudent mind about the guilt of the accused, then he would be entitled to its benefit not as a matter of grace or concession but as of right.
6. For the foregoing reasons, instant criminal appeal filed by the appellants (Talib Hussain and Muhammad Irfan) is accepted, their convictions and sentences awarded by the trial Court through the impugned judgment are hereby set-aside. They are acquitted of the charges, They are present on bail their sureties stand discharged.
(K.Q.B.) Appeal accepted
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