NAVEED SADIQ vs State Ss — 2023 YLR 2562 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2562 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: NAVEED SADIQ vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161---Q; S. 161; 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

NAVEED SADIQ VS State Ss. 302(b), 324, 337-D & 34---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, common intention---Appreciation of evidence---Benefit of doubt--- Statement of complainant recorded at belated stage---Accused was charged that he along with his co-accused committed murder of the deceased persons and during the occurrence two persons also sustained injuries---In the present case, the critical condition of the complainant was asserted by the witnesses during trial but no evidence whatsoever was brought on the file to confirm his incapability to make any statement till 05.12.2013 as described by Investigating Officer---Said witness further admitted that complainant was discharged on 27.11.2013 and that fact was not reported to him by the prosecution witnesses---However, the statement of the injured complainant was recorded by the Investigating Officer by reproducing his statement printed on a computer-generated paper, which was also open to objection---No convincing or plausible explanation was forthcoming on record for belated recording of the statement of complainant under S.161,Cr.P.C., which made the prosecution story doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable shadow of doubt---Appeal against conviction was accordingly allowed.

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