SALMAN ZAHID vs State S — 2023 SCMR 1140 SUPREME-COURT

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SALMAN ZAHID VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 337-J, 109 & 34---Constitution of Pakistan, Art. 185(3)---Death caused by means of a poisonous/intoxicating substance---Bail, grant of---Benefit of doubt---Further inquiry---Implication in offence on basis of belatedly recorded supplementary statement---Complainant got the FIR lodged against unknown persons---On the next day after lodging the FIR, the complainant got his statement recorded under section 161, Cr.P.C., wherein he did not name anyone as an accused---However after 12 days of the lodging of the FIR, the complainant recorded his further statement under section 161, Cr.P.C., in which he suspected the accused and others to be murderers of his son---Subsequently after a lapse of more than six months accused recorded another statement wherein he nominated the accused to be the real culprit---Bare look of the crime report and the subsequent statements of the complainant under section 161, Cr.P.C. showed that the complainant kept changing his stance---USB allegedly containing audio recording of conversation between the accused and the star witness had not been sent for forensic examination, therefore, it was unsafe to rely upon the same as a piece of evidence in a court of law---Cumulative effect of all such aspects created a doubt in the genuineness of prosecution version---Although the accused was found involved during Police investigation but guilt or innocence of an accused could not be depended upon ipse dixit of the Police as the same would be determined by Trial Court on the basis of evidence available on record---Accused was a young boy of 18/19 years of age and reportedly a heart patient; he was behind the bars for the last more than 14 months---Case of the accused squarely fell within the ambit of section 497(2), Cr.P.C. entitling further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

SALMAN ZAHID vs State S — 2023 SCMR 1140 SUPREME-COURT

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