Law:

Section:

(a) Penal Code (XLV of 1860)------Ss. 302/34, 307/34 & 457/34---Criminal Procedure Code (V of 1898), S.154---Appreciation of evidence---Police station was located at a distance of 25 miles from the place of occurrence---Delay of about eight hours in the lodging of First Information Report---Three persons and complainant herself had received injuries and they went to hospital to get medical treatment first--Held, there was nothing unusual in the conduct of the complainant in first removing the injured to the hospital for treatment to save the life of injured persons---Delay in lodging of F.I.R. thus yeas not fatal to the prosecution case---Delay in lodging F.I.R. per se was no ground to disbelieve the prosecution witnesses--Intrinsic worth of the statement of a witness was to be considered. (b) Criminal Procedure Code (V of 1898)-- ----S. 154---First information report ---F.I.R. is generally lodged by a person either who had witnessed the incident or the one who was injured in the incident---If some persons had accompanied the injured to the hospital it would not mean that such persons were bound to approach the police for recording the F.I.R.---No legal duty is cast on the police to record the statement of such persons who accompany the injured, in order. to initiate investigation. (c) Penal Code (XLV of 1860)-- ----Ss. 302/34, 307/34 & 457/34---Appreciation of evidence ---Identification--Complainant stated that she had identified the accused in the torchlight --Accused were fully known to the complainant prior to the occurrence and there was no question of wrong identification---Non-production of torch would not detract the evidentiary value of the complainant and would not be fatal to the prosecution case.--[Identification]. (d) Criminal trial-- ----Evidence---Statement of a witness cannot be discarded on mere presumption of certain facts---Where the statement of a witness was natural and coherent, implicit reliance could be placed on the testimony of such witness. (e) Qanun-e-Shahadat (10 of 1984)-- ----Art. 46---Dying declaration---Question was whether dying declaration was recorded on a spec date---Non-production of a witness from the hospital…

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