Shariat appeal

2024 SCMR 1802 SUPREME-COURT Judicial Precedent

Ss. 302(b) & 392Pakistan Arms Ordinance (XX of 1965), S. 13Qatl-i-amd, robbery, possession of illegal weaponShariat appealReappraisal of evidenceSentence, reduction inMitigating circumstancesCo-convict with shared common intention awarded lesser punishmentEffect

Co-convict had abetted the appellant for committing the offence; the vehicle in question was hired/booked by the co-convict and the appellant was picked on the way

Co-convict made search of the driver of the vehicle and snatched money and a cell phone from the driver; he demanded more money from the driver but the driver had no cash

When they tried to snatch the vehicle, the driver stopped the vehicle near a populated area

Due to apprehension of their arrest, the appellant made a fire upon the driver and they both started running towards hills but the people and police chased them and they were apprehended

According to the confessional statement of the appellant recorded under section 164, Cr.P.C., he fired (only) once upon the deceased and only one crime empty was recovered from the place of occurrence, which was from within the said vehicle, therefore, if he had repeated the fire such empty would also have been found

Moreover in his confessional statement the appellant had stated that co-convict persuaded and abetted the appellant for commission of the offence and had fully participated in the crime with the appellant

Either the confessional statement of appellant was to be accepted in its entirety or discarded, therefore, if it contained something beneficial to the appellant that could not be discarded

Having shared common intention with the appellant, the co-convict was vicariously liable for the offence, however he had been awarded the lesser sentence of imprisonment for life under section 302(b), P.P.C. while the appellant had been awarded death sentence

Considering all the above as mitigating circumstances, while maintaining the conviction of the appellant under section 302(b), P.P.C., his sentence of death was reduced to imprisonment for life

Amount of compensation to be paid to the legal heirs of the deceased and the period to undergo in default thereof was maintained

Conviction and sentence of the appellant under section 392, P.P.C. and section 13 of Pakistan Arms Ordinance, 1965 were also maintained

Appeal was partly allowed.

2021 SCMR 684 SUPREME-COURT Judicial Precedent

S. 302(b)Qatl-i-amdShariat appealReappraisal of evidenceBenefit of doubt

Deceased-lady was survived by five married sons, who admittedly resided in the same household, therefore, it was surprising that no one, except the deceased, from such a sizable clan was present on the day of the incident

Absence of the sons clamours for explanation and in retrospect spelt out a scenario diametrically incompatible with the story set up in the crime report

Allegation that the accused forcibly committed rape upon the deceased stood negated by medical evidence leaving no apparent motive for him to take on the deceased

Besides accused was acquitted of the charge of carnal assault by the Trial Court

Magnitude of violence, essentially reflecting a time intensive assault with obvious resistance by an able bodied village-hardened woman could not have gone unnoticed by the residents of the houses located nearby

Constricted legs reflecting onslaught of rigor mortis negated the hypothesis of witnesses' arrival within the timeframe, suggested in the crime report

Any assailant actuated by carnal designs was not expected to bring a hammer with him to accomplish the task

Prosecution case was fraught with doubts, benefit whereof could not be withheld from the accused

Shariat appeal was allowed, and accused was acquitted of the charge.

2021 SCMR 92 SUPREME-COURT Judicial Precedent

Ss. 302(b) & 392Qatl-i-amd, robberyShariat appealReappraisal of evidence

Plea of commuting death penalty into imprisonment for life on the ground that simultaneous multiple fire shots by the assailants left no space to possibly determine fatalities distinctly

Held, that the totality of circumstances of present case did not admit any space to divisibly draw any such benign distinction within the realm of human wisdom when all the three assailants in a petty criminal pursuit ruthlessly targeted the deceased in cold blood

Death sentences awarded to accused persons were maintained

Shariat appeal was dismissed.

2021 SCMR 92 SUPREME-COURT Judicial Precedent

Ss. 302(b) & 392Qanun-e-Shahadat (10 of 1984), Art. 22Qatl-i-amd, robberyShariat appealReappraisal of evidenceTest identification parade

Accused persons were put to test identification parade under magisterial supervision on the same day of the incident, shortly after their arrest, wherein the witnesses correctly identified them as the ones who targeted the deceased during the robbery

During such process, each witness distinctly pointed each accused persons for having targeted the deceased

Identification of accused persons by the witnesses, without loss of time, ruled out possibility of manipulation

Argument that darkness may have possibly impeded identity of the assailants was not impressive as headlamps of three motorbikes, recovered during investigation, generated sufficient light to enable the witnesses to capture broad facial features of the assailants, encountered at a close distance

Death sentences awarded to accused persons were maintained

Shariat appeal was dismissed.

2021 SCMR 92 SUPREME-COURT Judicial Precedent

Ss. 302(b) & 392Qatl-i-amd, robberyShariat appealReappraisal of evidenceParties had no previous bad blood between them

Incident took place at 8:30 p.m., and the complainant with remarkable promptitude presented written application, converted into First Information Report at 8:45 p.m. at a police station located at a distance of 3/4 kilometers from the venue

One of the deceased, in injured condition, was medically examined under a police docket at 9:30 p.m., soon whereafter autopsies commenced

Such circumstances by them self conclusively established prosecution's bona fides in recourse to law

Defence was unable to point out even obliquely any collusion, conspiracy or consideration impelling the witnesses to swap innocent persons as culprits

Three Kalashnikovs, recovered upon disclosure of accused persons, were forensically found wedded with the casings secured from the spot barring six with points of dissimilarity, a minor discrepancy insufficient to shake the structure of the case resting upon sound foundations of ocular account through sources unimpeachable and free from taints

On an overall analysis of prosecution evidence, the only possible hypothesis was that of guilt of accused persons

Death sentences awarded to accused persons were maintained

Shariat appeal was dismissed.