Muhammad Aslam vs State Ss — 2025 PCrLJ 1391 LAHORE-HIGH-COURT-LAHORE

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Muhammad Aslam VS State Ss. 302(b), 427 & 34---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Delay of 55 minutes in lodging the FIR---Accused were charged for committing murder of the brother of complainant by firing---Occurrence in the present case took place on 11.10.2019 at approximately 1:45 p.m. and the FIR was lodged at 2:40 p.m. the same day, suggesting that the matter was reported with extraordinary promptitude---Furthermore, the postmortem examination of the deceased was conducted shortly thereafter at 3:00 p.m. on the same day---While the swift initiation of autopsy ostensibly reflected procedural efficiency, it simultaneously raised plausible concern regarding the actual time of the registration of the FIR---Exceptionally short interval between the occurrence, the lodging of the FIR and the commencement of the postmortem cast doubt on whether all requisite steps, such as police arrival at the scene, initial inquiry, transportation of the body and formal paperwork, could have been completed within such a narrow timeframe---Such unusual promptness created a reasonable suspicion that the FIR might have not been lodged at the time recorded in its relevant column and that the timing might have been manipulated to lend the appearance of immediacy and procedural regularity---Completing all police proceedings within fifty five minutes was implausible, indicating that the FIR was not actually lodged at the stated time---Incorrect time was deliberately recorded to falsely portray promptness in its registration---Circumstances established that the prosecution had failed to prove its case against the appellant beyond the shadow of reasonable doubt---Appeal against conviction was allowed, accordingly.

Muhammad Aslam vs State Ss — 2025 PCrLJ 1391 LAHORE-HIGH-COURT-LAHORE

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