Muhammad Irfan vs State S — 2025 PCrLJ 1934 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 PCrLJ 1934 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: PCRLJ
Parties: Muhammad Irfan vs State S
Subject matter: Criminal
Provisions referred to: S. 380---T

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Muhammad Irfan VS State S. 380---Theft in a dwelling house, tent, or vessel---Appreciation of evidence---Benefit of doubt---Delay of about 17hours in lodging the FIR---Accused was charged for taking away the mobile of complainant from his shop---Alleged incident took place on 31st July 2024 at about 07.35 p.m., but complainant did not lodge the FIR promptly rather the same was lodged on 1st August 2024 at about 02:40 p.m.---Main purpose of lodging FIR was to set criminal law inmotion and to bring on record firsthand information about the occurrence of a crime---Thus, the main object of recording FIR promptly was to provide a sound basis for carrying out investigation in the right direction excluding the possibility of fabrication of any false story---Whereas in the case in hand as per the case of prosecution, the incident allegedly accrued on 31st July 2024 at about 07:35 p.m., but the FIR was lodged on 1st August 2024 i.e. after delay of 17 hours of alleged crime with no explanation---In view of the circumstances of present case, delay in lodging FIR could not be taken lightly and it casted serious doubt in the case of the prosecution---Delay in lodging the FIR could only be condoned, when such delay had been adequately explained but in the instant case, there was no explanation for inordinate delay in lodging FIR---Appeal against conviction was allowed, in circumstances.

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