| Citation(s) |
|---|
| 2024 SLG 3956 2024 SLD 3956, 2024 SCMR 1490 |
Cr. A. No.36 of 2023 and Cr.P. No.5-Q of 2021, decided on 23rd May, 2024. (Against the judgment dated 28.12.2020 passed by the High Court of Balochistan, Quetta in Cr.A. No.299 of 2017 and Murder Reference No.8 of 2017 and Criminal Jail Appeal No.300 of 2017).
Present: Jamal Khan Mandokhail, Syed Hasan Azhar Rizvi and Naeem Akhtar Afghan, JJ
KHIAL MUHAMMAD---Petitioner
VERSUS
The STATE---Responden
Law: Pakistan Penal Code, 1860
Section: 302(b)
- (a) Penal Code (XLV of 1860)---
----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Delay of more than fifteen hours in lodging FIR not explained---Consequential---Matter was reported to the police by the complainant approximately more than fifteen hours after the incident, despite the police station being only one furlong away from the place of occurrence---In the entire evidence, the prosecution had not explained the reason for such a delay in reporting the matter to the police---Such delayed FIR on the part of the complainant showed dishonesty and that it was lodged with deliberation and consultation---Prosecution had failed to prove its case beyond any reasonable doubt---Appeal was allowed; the judgments passed by the Trial Court as well as the High Court, respectively, were set aside and the appellant was acquitted of the charge levelled against him.
Amir Muhammad Khan v. The State 2023 SCMR 566 ref.
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