Ali Hassan vs State Ss — 2025 PCrLJ 1675 LAHORE-HIGH-COURT-LAHORE

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Ali Hassan VS State Ss. 302(c), 379, 452, 148 & 149---Qatl-i-amd, theft, house-trespass after preparation for hurt, assault, or wrongful restraint, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Delay of two days and seven hours in lodging the FIR---Consequential---Accused were charged for committing murder of the brother-in-law of the complainant and also stealing money from the shop of the victim---Occurrence took place on 07.04.2019 at 10.30 a.m., victim went to the Police Post, and Rapt No.8 was also recorded in that regard (which had not been brought on record)---Victim was vitally stable as mentioned by the Medical Officer but case was not registered on the day of occurrence---Although, there was no impediment in the way of registering the case on the day of occurrence or at least recording statement of victim regarding detail of assailants as well as occurrence but any such statement of victim was not available on record---Though application for recording statement of victim had been brought on record but it was relevant to mention here that same was not filed on the day of occurrence or on the day of medical examination of victim i.e. 07.04.2019 rather on 09.04.2019 at 5.30 p.m. and Medical Officer mentioned that patient was not fit for recording statement at the moment---So, prosecution could not provide any convincing justification that why the statement of victim was not recorded on the day of occurrence on 07.04.2019 or on the following day of occurrence i.e. 08.04.2019, therefore, on the one hand, case was registered with unexplained delay whereas on the other hand, even statement of victim (then injured, now deceased of the case) was not recorded on the day of occurrence or on the subsequent day---Such state of affair led to the conclusion that First Information Report had been recorded after consultation, deliberation as well as inducement, procurement and engagement of witnesses as well as tailoring story for the prosecution---Appeal against conviction was allowed, in circumstances.

Ali Hassan vs State Ss — 2025 PCrLJ 1675 LAHORE-HIGH-COURT-LAHORE

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