ALLAH RAKHA vs State Ss — 2022 PCrLJN 88 LAHORE-HIGH-COURT-LAHORE

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ALLAH RAKHA VS State Ss. 302(b), 201, 148 & 149---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Contradiction in the statements of witnesses---Scope---Accused was charged that he along with co-accused committed murder of the brother of complainant---High Court observed that story of prosecution about apprehending accused and recovery of dead body at his instance, when other pieces of evidence had already been disbelieved, that too could not be relied upon on many additional reasons---If complainant and two others were succeeded to apprehend the accused, who got recovered the dead body, how was it possible for accused to escape---Complainant, in his examination-in-chief did not disclose the time, when the dead body was recovered however, in cross-examination the time he told was different---Complainant further maintained that information was provided to police, who arrived at crime scene---Similarly a witness was silent about the time of recovery of dead body in his examination-in-chief however, in cross-questioning, he responded that they met accused, who fled away but was apprehend, which meant that dead body was recovered after 09:00 a.m.---Other witness in cross-examination answered that the complainant informed the police at about 09:30/10:00 a.m.---Official witness/Constable, who had escorted the dead body to hospital in his cross-examination, replied that they left the police station at about 08:00/09:00 a.m. and he received the dead body at about 10:00 a.m.---Finally, version of Investigating Officer in that context was that they arrived at crime scene at 08:00 a.m.---Said serious contradictions about the meeting of accused with the witnesses, information to police and arrival of the Investigating Officer at crime scene were serious in nature hence could not be overlooked---If the complaint was examined, it showed that it was completed at 08:00 am that meant the police arrived at crime scene much earlier to that---If it was so, how the statement of complainant could be believed who stated that police came there at about 10:00 a.m.---So prosecution even here was at loss of another link of chain---Circumstances established that prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances.

ALLAH RAKHA vs State Ss — 2022 PCrLJN 88 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported