BIBI SAKINA vs ZAKIR HUSSAIN alias SHAH WALI Ss — 2023 YLR 1241 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1241 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: BIBI SAKINA vs ZAKIR HUSSAIN alias SHAH WALI Ss
Subject matter: Criminal
Provisions referred to: 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

BIBI SAKINA VS ZAKIR HUSSAIN alias SHAH WALI Ss. 302 & 34---Criminal Procedure Code (V of 1898), Ss. 417 & 161---Qatl-i-amd and common intention---Appreciation of evidence---Appeal against acquittal--- Delayed supplementary statement---Effect---Complainant assailed the acquittal of accused persons---Complainant had witnessed the occurrence and had reported the matter promptly against unknown persons, but no description of the accused persons was mentioned in his written report---Supplementary statement was filed by complainant after 62 days wherein he nominated the accused---Supplementary statement had lost its evidentiary value in the eyes of law, as in such period consultation and concoction could not be ruled out, as besides the complainant had initially lodged the FIR against unknown persons---Two of the alleged witnesses of the incident had not appeared despite issuance of bailable and non-bailable warrants---Another alleged eye-witness had got recorded her statement after 26 days of the incident without any explanation and there was nothing on record to show as to why she remained mum for such period---Statement of such witness was not admissible in the eyes of law---Since description of accused persons was not given in the FIR, therefore, there arose no question of identification of accused persons---Appeal was dismissed.

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