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2011 SCMR 1080

SUDHEER AKHTAR vs THE STATE

Citation2011 SCMR 1080
CourtSupreme Court of Pakistan
Case No.Jail Petition No, 575 of 2010
Date2011-04-04
Judge(s)Asif Saeed Khan Khosa, Muhammad Sair Ali
ResultLeave granted

ASIF SAEED KHAN KHOSA, J.---It has inter alia been contended by the learned counsel for the petitioner that the F.I.R. In this case had been lodged with a noticeable delay and the same had been recorded at the spot whereat the local police had reached on its own after receiving information about the incident from an undisclosed source; the eye-witnesses produced by the prosecution were related, inimical and chance witnesses who could not be relied upon without receiving independent corroboration; the motive set up by the prosecution had remained far from being established and the medical evidence produced by the prosecution was in conflict with the ocular account. It has also been argued that the reasons recorded by the learned Division Bench of the Lahore High Court, Rawalpindi Bench, Rawalpindi in the impugned judgment do not depict serious appraisal of the evidence and such reasons are not only conjectural but they are also based mostly upon surmises. As against that the learned Additional Prosecutor-General, Punjab appearing for the State has supported the impugned judgment delivered by the learned Division Bench of the Lahore High Court, Rawalpindi Bench, Rawalpindi.

2. After hearing the learned counsel for the petitioner as well as the learned Additional Prosecutor- General, Punjab appearing for the State this petition is allowed and leave to appeal is granted to reappraise the IB evidence available on the record of this case. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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