MEHRAB-UD-DIN vs MOULA BAKHSH Ss — 2022 YLR 1353 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 1353 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: MEHRAB-UD-DIN vs MOULA BAKHSH Ss
Subject matter: Criminal
Provisions referred to: S. 417; Criminal Procedure Code (V of 1898)

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

MEHRAB-UD-DIN VS MOULA BAKHSH Ss. 302, 147, 148 & 149---Criminal Procedure Code (V of 1898), S. 417 ---Appeal against acquittal---Qatl-i-amd, rioting, armed with deadly weapon, common object---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Delayed FIR---Delayed postmortem examination---Un-natural conduct of witnesses---Appellant assailed the acquittal of accused persons by the Trial Court---First Information Report was lodged with a delay of 2 hours---Eye-witnesses had not justified their presence at the place of occurrence at the relevant time---Presence of eye-witnesses on the spot was unnatural, had they been present at the spot they would have received some injuries---Mode and manner of the occurrence advanced by the prosecution witnesses was not appealable to a prudent mind---Postmortem examination was conducted after an unexplained delay of 15 hours which pointed towards a real possibility that the time was consumed by the local police and the complainant party in order to produce and plant the eye-witnesses after cooking up a false story---Trial Court had considered all the material present on record properly and had arrived at the conclusion which was based on proper appreciation of the facts and law thus, did not need interference---Appeal against acquittal was dismissed, in circumstances.

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