RAFAQAT ALI vs State Ss — 2022 SCMR 1107 SUPREME-COURT

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RAFAQAT ALI VS State Ss. 154 & 161---accused not named in the FIR, implicated through supplementary statement of witness---Prosecution, duty of---Though the First Information Report (FIR) is not to be taken as prosecution's last word, nonetheless, a supplementary statement, essentially being a statement under section 161 of Cr.P.C. cannot be read in continuation thereof and, thus, a heavy responsibility is cast upon the prosecution to satisfactorily explain its initial failure to nominate an accused in the crime report and the circumstances improving upon its knowledge so as to justify inclusion of the accused. Head NotesCase Description Citation Name: 2022 SCMR 1107 SUPREME-COURTBookmark this Case RAFAQAT ALI VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Complainant prosecuted his case through supplementary statements, subsequently recorded on two different occasions--- Similarly, prosecution's preference for a witness whose name did not figure in the crime report in preference to another witness, abandoned during the trial, was a circumstance that clamoured for explanation---Suppression of multiple firearm punctured wounds endured by a co-accused, examined on the day of occurrence, under a police docket, was another aspect, requiring explanation---Acquittal of identically placed co-accused without challenge was another predicament confronting the prosecution in addition to massive improvements in the statement of the complainant, duly confronted in the witness-box---Argument that occurrence did not take place in the manner as alleged in the crime report could not be dismissed, in circumstances---Prosecution's case contained several doubts, each deducible from prosecution's own evidence, benefit whereof, could not be withheld from the accused---Appeal was allowed, and the accused was acquitted from the charge. Head NotesCase Description

RAFAQAT ALI vs State Ss — 2022 SCMR 1107 SUPREME-COURT

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