MANDOKHAIL vs State Ss — 2021 YLR 1696 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 1696 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: MANDOKHAIL vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MANDOKHAIL VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of about three days in lodging the FIR---Effect---Prosecution case was that accused and co-accused committed murder of the son of complainant by firing---Record showed that the occurrence was taken place on 25th May, 2018, whereas the complainant submitted fard-e-biyan for registration of FIR with delay of three days without any plausible explanation---Complainant stated that he was busy in taking fatiha due to which he could not immediately approached the Levies Station for registration of FIR---Contention of complainant was negated by the Investigating Officer, who stated that on the day of occurrence he visited the venue of occurrence on the pointation of complainant and prepared memos---Complainant had tried to cover inordinate delay in registration of FIR---First Information Report was corner stone of the case and where recording of FIR became doubtful the whole prosecution story set out in the FIR itself would be doubtful---First Information Report was registered with the delay of three days without any plausible explanation which created doubts about its credibility---Undoubtedly, without unreasonable explanation, the delay in filing FIR led to suspicion in the truth of prosecution case---Circumstances established that the prosecution evidence could not be termed to be confidence inspiring---Appeal against conviction was allowed, in circumstances.

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