Liaqat vs State Ss — 2024 PCrLJ 1959 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2024 PCrLJ 1959 HIGH-COURT-AZAD-KASHMIR
Year: 2024
Reporter: PCRLJ
Parties: Liaqat vs State Ss
Subject matter: Criminal
Provisions referred to: S. 20---G

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

Liaqat VS State Ss. 337-F(i) & 34---azad Jammu and Kashmir Offences against Property (Enforcement of Hudood) act (XII of 1985), S. 20---Ghayr-jaifah-mudihah, common intention, haraabah---appreciation of evidence---Delay in lodging FIR---Consequential---Record showed that the incident took place on 25.09.2013 at 9:30 pm (night time), while the report/FIR was lodged on next day at 10:45 am---No plausible reason of such delay had been given by the prosecution, which created a doubt upon the truthfulness of the prosecution's story---Factum of causing delay in lodging FIR must be explained by the complainant plausibly, and if he failed to furnish the circumstances beyond his control with sound justification in that regard, the allegations levelled in FIR would be presumed as a result of deliberation, negotiation, discussion and afterthought with sole drive and ulterior motive to get the used convicted---Thus, such deliberate delay could not be ignored by the Court in a routine manner---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

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