DURO alias DUR MOHAMMAD vs State Ss — 2022 PCrLJN 97 KARACHI-HIGH-COURT-SINDH

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DURO alias DUR MOHAMMAD VS State Ss. 302, 337-H(2), 114, 148 & 149---Qatl-i-amd, rash or negligent act to endanger human life or personal safety of others, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Delay of twenty hours in lodging of the FIR---Effect---Accused was charged that he and his co-accused committed murder of the son of complainant by firing---Record showed that there was delay of twenty hours in lodging FIR, however, explanation in that regard had been furnished by the mother of the deceased that due to odd hours of the night she could not go with her husband to the police station for lodging the report---Eye-witnesses were old parents of the deceased, certainly, they would be under the shock---Delay caused in the lodging of the FIR would not be fatal to the case of prosecution---High Court observed that delay in lodging the FIR under S. 154, Cr.P.C., was never considered sufficient to disbelieve the prosecution case; delay only put the court on notice to undertake close scrutiny of evidence available on record to avoid false involvement of the accused---Circumstances established that the prosecution had proved its case through reliable and trustworthy evidence---Appeal against conviction was dismissed accordingly.

DURO alias DUR MOHAMMAD vs State Ss — 2022 PCrLJN 97 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported