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

Case information

Citation
2022 PCrLJN 88 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
ALLAH RAKHA 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

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---Delay in conducting post-mortem examination---Scope---Accused was charged that he along with co-accused committed murder of the brother of complainant---Record showed that the post-mortem examination in fact was conducted by a Medical Officer who had gone abroad, therefore, post-mortem report through secondary evidence was proved by another Medical Officer---Complaint was completed at 08:00 a.m. and immediately thereafter dead body was sent to hospital for post-mortem examination---Police Constable was the one who escorted the dead body to hospital that was at a distance of about 10-kilometers---Said witness categorically stated that he received the dead body at 10:00 a.m. and reached the hospital within an hour---Dead body was in hospital at 11:00 a.m.---Said position was in serious contrast on examination of post-mortem report, where in the relevant column the time of receiving the dead body was recorded 02:00 p.m.---Such was a case of circumstantial evidence and every piece of evidence had to be analyzed in a critical way therefore that variation could not be left unattended or answered in favour of prosecution---Post-mortem examination of deceased was conducted at 03.00 p.m., which was further challenged for prosecution but with no answer that if the dead body was in the hospital at 11.00 a.m., why the autopsy was delayed---Such delay was suggestive of a real possibility that time had been consumed by the police in cooking up a story for the prosecution---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.

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