Case No.

Criminal Appeal No 159/2021

Case title Shehnaz Akhtar Vs Hadier Abbas Muraad etc.

FIR No. 231/15 Reported: 01/08/15 at 8:30 pm

Date of Incident 05/3/13. Offence 420, 506 PPC

Accused. Hadier Abbas Muraad. Complainant Mst Shehnaz Akhtar

FIR Narration

As per FIR that on 05.03.2013, complainant came to Pakistan and stayed at Sareena Hotel, Islamabad
where accused met her and on 15.03.2013, complainant again came to Sareena Hotal upon the
insistence of accused as he convinced her to buy one Range Rover Car. That accused succeeded to take
Rs. 12,50,000/- as advance money through Cheque No.0033255266 dated 15.03.2013 of Faysal Bank
Limited Islamic Banking Branch F-10 Markaz, Islamabad against the total consideration of car. That the
accused promised to deliver the possession of said vehicle within 3 days. But later on he failed to
deliver moreover refused to return the amount.

Lower Court Judgement

Accused discharged from his criminal liability on the following grounds

 An unexplained delay of two years creates doubts with respect to veracity of the allegations.
 The complainant came forward with no explanation at all regarding this delay in reporting the
matter. The delay in the reporting of this fraud is outrageously long and goes long way in
creating a sufficient doubt regarding availability of any fraudulent intent.
 So far as section 506 PPC is concerned, not a single evidence has been produced by the
complainant against the accused during evidence which can prove that accused extended life
threats to the complainant.

Court Reliance

The August Supreme Court of Pakistan, in case titled as "Mst. Asia Bibi Versus The State" reported as
2019 PLD 64 S.C observed that; 154-delay in lodging first Information Report (PIR)-- Effect---In absence
of any plausible explanation, the Supreme Court had always considered the delay in lodging of FIR to be
fatal and it casted a suspicion on the prosecution story, extending the benefit of doubt to the accused---
If there was any delay in lodging of FIR and commencement of investigation, it gave rise to a doubt,
which, could not be extended to anyone else except to the accused.