Citation Name: 2024 YLR 2069 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Abdul Razaq vs Babal Ss

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Citation Name: 2024 YLR 2069 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Abdul Razaq VS Babal Ss. 302(b), 396 & 397---Criminal Procedure Code (V of 1898), S.417---Qatl-i-amd, committing robbery or dacoity, at the time of committing dacoity or robbery, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person---Appeal against acquittal---Appreciation of evidence---Identifications of the accused---Accused were charged for committing murder of the uncle of complainant and causing firearm injuries to a minor baby girl during dacoity---Complainant in his first report clearly mentioned that soon after occurrence, he along with his relatives followed the culprits who ran away from the scene of occurrence by foot and reached the guest house, where they had seen two accused present with other assailants, who threatened them by showing weapons and compelled them to return from their guest house---Meaning thereby, that the accused persons were identified by complainant and an eye-witness at the place of occurrence and they chased their footprints up to the house of accused, where they found the accused present in their house duly armed---In such circumstance why was there delay in lodging the FIR and not taking the Police for their arrest, just after the incident, when they were present in their house with crime weapons---Version taken by the complainant did not appeal to a prudent mind---Complainant in his cross-examination admitted that he did not inform the Police, while they were chasing the footprints of assailants---Such unbelievable version of complainant party would not influence a prudent mind, as in a tribal setup where incident occurred, and where the father of eye-witness and uncle of complainant had been murdered and his dead body was lying on the road or in the hospital, and the murderers were caught and seen along with their weapons in a thickly populated city, just some distance away from Police Station, but the culprits were neither apprehended at the same night of incident nor the report was lodged in time for their arrest---Appeal against acquittal was accordingly dismissed.

Citation Name: 2024 YLR 2069 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Abdul Razaq vs Babal Ss — 2024 YLR 2069 QUETTA-HIGH-COURT-BALOCHISTAN

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