| Citation(s) |
|---|
| 2025 SLG 3540 2025 SLD 3540 = 2025 SHC 1873 |
Criminal Jail Appeal No. S-11 of 2023
Appellants: 1. Moula Bux 2. Moula Dad. 3. Muhammad Ibrahim. 4. Khushhal. through Mr. Alam Shar Khan Bozdar Advocate for Appellant No. 01 to 3 and Mr. Achar Khan Gabol Advocate for Appellant No.04.
VS
The State
Law: Pakistan Penal Code, 1860
Section: 324,336-B
Law: Criminal Procedure Code (V of 1898)
Section: 342,544-A,340(2),382-B
Law: Police Rules, 1934
Section: 22.48,25.14
Summary:
The appellants were initially convicted for an acid attack causing grievous injuries based on prosecution evidence and witness testimonies. However, on appeal, the Court found significant procedural lapses, unexplained delays in FIR registration and recording statements, inconsistencies in witness accounts, and failure to perform essential forensic analysis. The motive for the attack was also deemed unnatural. Due to these serious doubts and gaps in the prosecution's case, the Court acquitted the appellants, granting them the benefit of the doubt and setting aside the conviction and sentences. The appeal was allowed, and the appellants were released.
Core Points
1.Delay in FIR Registration: Approximately 20-hour delay after police knew about injuries, undermining prosecution credibility.
2.Inconsistency in Police and Witness Statements: Variation between FIR, ocular statements, and police testimony on injury memo preparation and accused roles.