ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: ABDUL GHAFFAR vs State Ss
Subject matter: Criminal

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

ABDUL GHAFFAR VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Delay in lodging the FIR---Effect---Accused were charged for committing murder of the mother and sister of complainant by firing---Record showed that the alleged occurrence took place on 10.10.2019 at 2:30 a.m., and the FIR was lodged on the same night at 5:45 a.m. with unexplained delay of three hours and fifteen minutes---Distance between the place of occurrence and the police station was one and a half kilometers, but no explanation whatsoever had been furnished by the prosecution for such delay---Furthermore, it could be inferred from the circumstances and the statements of the witnesses that it was only after consultation and concert that the oral statement of the complainant was prepared, and the same was neither prompt nor spontaneous, hence worthy of no reliance---Circumstances established that the prosecution had failed to prove the culpability of the accused through reliable, trustworthy and confidence-inspiring evidence---Appeal against conviction was allowed, in circumstances.

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