Mst. AZIZ MAI vs State S — 2022 YLR 424 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 424 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: Mst. AZIZ MAI vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

Mst. AZIZ MAI VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of seven hours in lodging FIR---Scope---Accused was charged for committing murder of seven years old daughter of her brother/complainant by inflicting iron pipe blow---Record showed that the occurrence took place at 7:30 am but the matter was reported to the police with a delay of seven hours and that too on the arrival of police at their own---Such delay had not been explained---Had the witnesses been present, they must have reported the matter to police, particularly when injured died after 2/3 hours---Said delay on the part of prosecution was fatal, which suggested concoction and deliberation and also raised question about the presence of witnesses at the time of occurrence---Circumstances established that the prosecution had failed to bring home guilt of the accused to the hilt---Appeal against conviction was allowed, in circumstances.

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