RAFAAT SHAH vs State S — 2022 PCrLJN 39 QUETTA-HIGH-COURT-BALOCHISTAN

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RAFAAT SHAH VS State S. 302---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of about twenty six hours in lodging the FIR---Effect---Accused was charged that he hit the brother of complainant with a stone on his head, due to which he succumbed to the injuries---Record reflected that the occurrence took place, allegedly in the presence of eye-witnesses, but the report was lodged after 26 hours of the occurrence by complainant, who was not eye-witness of the incident---Deceased was medically examined in injured condition on the day of occurrence after two hours of the incident---Facts remained that Levies Station was situated near the place of occurrence i.e. opposite side of the shop in which the alleged incident took place---Neither of the eye-witnesses, who were relatives of the deceased, informed the levies authorities for lodging of report nor the Medical Officer informed the levies or police about the injuries of deceased on the day of occurrence when he examined the deceased---Complainant had stated that when the injured on way died, the dead body was brought to civil hospital on the same day but at that time neither the doctor of the hospital nor relative of the deceased informed the levies---Said inadvertent delay in setting the machinery of law in motion spoke volumes against the veracity of prosecution version---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

RAFAAT SHAH vs State S — 2022 PCrLJN 39 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported