Syed FIDA HUSSAIN SHAH vs State Ss — 2024 SCMR 1622 SUPREME-COURT

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Syed FIDA HUSSAIN SHAH VS State Ss. 279, 427 & 320---Rash driving or riding on a public way, mischief causing damage to the amount of fifty rupees, qatl-i-khata by rash or negligent driving---Reappraisal of evidence---First Report Information lodged with a delay of five days---Name of witnesses not mentioned in the FIR---No identification parade held---Occurrence in this case took place on 30.11.2014 at 6.30 pm, but the FIR was lodged on 04.12.2014 at 6.30 pm and as such there was delay of five (05) days in reporting the matter to the Police---No plausible explanation had been given by the complainant for the gross delay in lodging the FIR, therefore, sanctity of truth could not be attached to the said delayed FIR---Although the FIR was lodged with the delay of five (05) days from the occurrence but even then the name of any eye-witness was not mentioned therein---Admittedly the complainant was not an eye-witness of the occurrence---Prosecution subsequently two persons as eye-witnesses in this case but the names of said eye-witnesses were not mentioned in the contents of the delayed FIR---Even the name of any accused or his description or features were not mentioned in the delayed FIR---Admittedly, no identification parade of the petitioner (accused) had been held in this case---Prosecution failed to prove that it was the petitioner who was driving the vehicle in question---Prosecution had also not proved through any cogent evidence that it was driver of the said vehicle, who was responsible for rash and negligent driving---As such the prosecution failed to discharge its initial burden to prove the case against the petitioner beyond the shadow of doubt---Petition was converted into appeal and allowed, and the accused was acquitted of the charges while extending him the benefit of doubt.

Syed FIDA HUSSAIN SHAH vs State Ss — 2024 SCMR 1622 SUPREME-COURT

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