GHUNGAR KHAN vs State Ss — 2022 PCrLJN 32 QUETTA-HIGH-COURT-BALOCHISTAN

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GHUNGAR KHAN VS State Ss. 302(b), 147, 148 & 149---anti-Terrorism act (XXVIII of 1997), S. 7---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly, act of terrorism---appreciation of evidence---Delay of one month and three days in lodging the FIR---Effect---Prosecution case was that accused and co-accused committed murder of brothers and nephew of complainant by pelting stones after having forcibly caught them---Record showed that FIR was lodged with delay of one month and three days---Explanation given by the complainant for such inordinate delay was that they first went to the place "M", whereby they were sent to place "K" for registration of FIR, wherefrom they were sent to place "M" for registration of the FIR and there complainant knew that the area in which the occurrence took place did not come within the jurisdiction of levies Thana "K" and "M" and they came to "Q" and from "Q" they went to "M" and lodged the report---Said explanation given by the complainant was not plausible as she herself remained at place "Q" for fifteen days and did not lodge the report---In the absence of any plausible explanation, the delay in lodging the FIR would be fatal and casted suspicion in the prosecution story---appeal against conviction was allowed, in circumstances. Head NotesCase Description

GHUNGAR KHAN vs State Ss — 2022 PCrLJN 32 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported