| Case ID |
16bb313d-3b9d-435c-9393-31da958755f9 |
| Body |
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| Case Number |
Criminal Appeal No. 281/I of 2011 and Jail Crimina |
| Decision Date |
Nov 28, 2011 |
| Hearing Date |
Nov 16, 2011 |
| Decision |
The Federal Shariat Court, presided over by Chief Justice Agha Rafiq Ahmad Khan, meticulously reviewed the appeals filed by Muhammad Qaisar and Gul Nawaz alias Goshi against their convictions under Section 392 of the Pakistan Penal Code, 1860, and Section 342, 382B of the Criminal Procedure Code (V of 1898). The court thoroughly analyzed the evidence presented, including the immediate filing of the F.I.R. by the complainant, the identification parade, and the recovery of stolen articles linked to the appellants. Despite the absence of private witnesses, the court upheld the reliability of police testimonies, emphasizing that the status of the witnesses as police officials does not inherently compromise their credibility unless substantial evidence suggests otherwise. The appellants' defense raised concerns about the procedural conduct of the identification parade and alleged enmity between the complainant and the appellants. However, the court found these arguments unsubstantiated, noting the lack of any grudge or motive for false implications. The court also highlighted the thorough cross-examination of the complainant and his son, which did not yield any evidence favoring the defense. Furthermore, the recovery of stolen property directly from the appellants reinforced the prosecution's case. Considering the comprehensive examination of the evidence and the absence of credible reasons to doubt the prosecution's claims, the Federal Shariat Court dismissed the appeals, affirming the convictions and the imposed penalties. The decision underscores the court's commitment to upholding justice based on factual evidence and procedural integrity. |
| Summary |
In the landmark case of Criminal Appeal No. 281/I of 2011 and Jail Criminal Appeal No. 32/I of 2011, the Federal Shariat Court delivered a pivotal judgment on November 28, 2011, under the diligent oversight of Chief Justice Agha Rafiq Ahmad Khan. This case centered around the convictions of Muhammad Qaisar and Gul Nawaz alias Goshi under Section 392 of the Pakistan Penal Code, 1860, concerning robbery, and Sections 342 and 382B of the Criminal Procedure Code (V of 1898), pertaining to procedural aspects of the case. The appellants contested their convictions, alleging procedural irregularities and suggesting enmity between the complainant and themselves as a basis for false implications. Central to the prosecution's case was the immediate filing of the First Information Report (F.I.R.) by Brigadier Feroz Muhammad, the complainant, following the robbery incident. The detailed F.I.R. included precise descriptions of the appellants, which facilitated their identification during the subsequent identification parade conducted on September 3, 2009. Despite the absence of private witnesses, the prosecution presented credible police testimonies that linked the appellants to the recovered stolen articles, including significant sums of money and valuable items. The defense argued that the identification parade was flawed, citing procedural lapses such as the lack of an independent observer and delays between arrest and identification. However, the court found these arguments unconvincing, highlighting the thorough cross-examination of the complainant and his son, which did not reveal any bias or motive for the alleged false identification. Additionally, the recovery of stolen property directly from the appellants on identification further solidified the prosecution's stance. The Federal Shariat Court meticulously reviewed the evidence, emphasizing that police witnesses' testimonies hold substantial weight unless there is concrete evidence to suggest otherwise. The court concluded that the prosecution had met its burden of proof beyond reasonable doubt, affirming the convictions and the imposed penalties of seven years' rigorous imprisonment along with substantial fines for both appellants. This judgment reinforces the judiciary's commitment to procedural integrity and the imperative of evidence-based convictions, ensuring that justice is administered fairly and effectively. The case also underscores the importance of timely and accurate F.I.R. filing, reliable witness testimonies, and the critical role of identification parades in the criminal justice system. By upholding the convictions despite the defense's challenges, the Federal Shariat Court has set a precedent that underscores the robustness of Pakistan's legal framework in addressing and adjudicating criminal offenses with precision and fairness. |
| Court |
Federal Shariat Court
|
| Entities Involved |
The State,
Federal Shariat Court,
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Muhammad Qaisar,
Gul Nawaz alias Goshi,
Atif Ali Jadoon,
Aftab Ahmed Khan,
Muhammad Sharif Janjua,
Agha Rafiq Ahmad Khan
|
| Judges |
Agha Rafiq Ahmad Khan
|
| Lawyers |
Atif Ali Jadoon,
Aftab Ahmed Khan,
Muhammad Sharif Janjua
|
| Petitioners |
MUHAMMAD QAISAR AND ANOTHER
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2012 SLD 855,
2012 YLR 387
|
| Other Citations |
Sabir Ali alias Fauji v. The State 2011 SCMR 563,
Ghulam Rasul and 3 others v. The State 1988 SCMR 557,
Ejaz Ali v. The State 2008 PCr.LJ (F.S.C) 1012,
Bacha Zeb and Ghulam Jan v. The State 2010 SCMR 1189,
Tahir Hussain v. The State 2010 YLR 140
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
392,
342,
382B
|