MUHAMMAD WAJID vs State Ss — 2022 YLR 1569 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD WAJID VS State Ss. 302(b) & 376---Qatl-i-amd, rape---Appreciation of evidence---Delay of twenty four hours in lodging the FIR---Scope---Accused was charged for committing murder of the minor daughter of complainant after her rape---First Information Report had been lodged after a delay of 24 hours---Complainant/father of the victim stated in his evidence that his daughter went out at 6.45 p.m. and did not return after an hour i.e. 7.45 p.m. where after he and his brother started their search for the missing girl---During the search complainant reported the incident at Police Station and announcements were made through loud speakers of the mosque---Search continued throughout the night and atabout 4.30 a.m. complainant went home and at 8.30 am on next day complainant was informed that a dead body had been found at Katchra Kundi---Complainant went to Katchra Kundi which was only 40/50 paces from his house and identified the dead body of his daughter who was taken to hospital where medical examination was carried out and then the dead body was delivered to complainant and thereafter buried the body and then lodged the FIR---High Court observed that in cases of minor children going missing it was not unusual for there to be a delay in lodging the FIR as the first priority for the parents was to search and try and find the missing child as happened in the case---Complainant when found his dead child his priority was to take her to the hospital and on the return of the dead body his concern shifted to lodging the FIR---Even otherwise during the search a few hours after the incident the complainant had already reported the matter to the concerned Police Station---Based on particular facts and circumstances of the case the delay in lodging the FIR had been explained and such delay was not fatal to the prosecution case---Circumstances established that the prosecution had proved its case against the accused to the extent of murder of the victim beyond any shadow of doubt---Appeal against conviction was partially dismissed accordingly.

MUHAMMAD WAJID vs State Ss — 2022 YLR 1569 KARACHI-HIGH-COURT-SINDH

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