Hizbullah vs State Ss — 2025 MLD 1887 QUETTA-HIGH-COURT-BALOCHISTAN

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Hizbullah VS State Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of 110 days in recording the statements of witnesses by police---Consequential---Accused were charged for committing murder of the son of complainant by strangulating his neck---Allegedly, both the eye-witnesses were present at the place of incident but their statements under S.161, Cr.P.C., were recorded by the Levies after a delay of about 110 days---Occurrence as per FIR took place on 7th September 2022; however statements of both the eye-witnesses under S.161, Cr.P.C., were recorded on 26th December 2022---Recording the statement of witnesses under S.161, Cr.P.C., at a belated stage casted serious doubts on the version of prosecution---In the case at hand, no plausible explanation was rendered by the prosecution as to why statements of star witnesses were recorded after such a long delay and why their names were not mentioned in the FIR---Said delay, by itself, casted substantial doubt on the reliability of the prosecution's case---When statement under S.161, Cr.P.C., was delayed, such evidence may not be given the sanctity as was generally given to the evidence of a witness whose statement had been recorded promptly soon after the occurrence---Accused was arrested on 16th December 2022 and the alleged eye-witness had recorded his statement under S.161, Cr.P.C., on 26th December 2022 almost 110 days of the occurrence and that too after the arrest of the accused---Thus, recording the statement of witnesses under S.161, Cr.P.C., after the arrest of the accused created reasonable doubt in the case of prosecution and it appeared that the witness was planted by the prosecution subsequently after the arrest of the accused---Circumstances established that the prosecution had failed to establish its case against the appellant beyond a reasonable doubt---Appeal filed by appellant against his conviction was allowed, in circumstances.

Hizbullah vs State Ss — 2025 MLD 1887 QUETTA-HIGH-COURT-BALOCHISTAN

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