Citation Name: 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Siraj vs State Ss — 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Siraj vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161

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

Citation Name: 2024 MLD 1837 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Siraj VS State Ss. 302(b), 324, 34, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of two days in recording the statements of witnesses---Consequential---Accused were charged for making firing upon the sons of complainant, due to which one son of complainant died whereas two sustained fire arm injuries---Incident occurred on 28 October, 2020, whereas, the statements of the injured witnesses were recorded by the Investigating Officer on 30 October, 2020, that was with an unexplained delay of two days---Prosecution failed to explain the delay caused in recording the statements of injured witnesses, and their statements were recorded in the police station in presence of their father/complainant---Said unexplained delay caused a reasonable doubt and it could be inferred that their statements were result of deliberation and afterthought, especially when the complainant was not the eye-witness of the said incident---Late recording of S.161, Cr.P.C statements of prosecution witnesses reduces its value to nil unless there is plausible explanation for such delay---Circumstances established that the prosecution had failed to substantiate accusation against the accused persons without shadow of reasonable doubt---Appeal against conviction was accordingly allowed.

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