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Muhammad Ikhlas vs State Ss — 2025 PCrLJ 57 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PCrLJ 57 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PCRLJ
Parties
Muhammad Ikhlas vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

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 Ikhlas VS State Ss. 324, 337-D, 337-F(ii), 337-F(iii), 147, 148 & 149---attempt to commit qatl-i-amd, jaifah, causing badi'ah, ghayr-jaifah-hashimah, rioting, rioting armed with deadly weapons, unlawful assembly---appreciation of evidence---Delay of one day in recording the statement of injured---Consequential---accused were charged for causing injuries to the complainant and his companion---Record showed that the statement of injured under S.161, Cr.P.C, was recorded on 10.10.2022, with delay of one day---To cover such delay, injured deposed that after infliction of injury by the accused on the spot he became unconscious and he gained consciousness in the hospital, while the Medical Officer in his cross-examination stated that "both injured were conscious"---It appeared that the prosecution had failed to reasonably explain the delay of one day in recording the statement of injured witness under S.161, Cr.P.C.---One or two days unexplained delay in recording the statement of eye-witnesses would be fatal and testimony of such witnesses could not be safely relied upon---Contention of prosecution that truthfulness of injured witness, supported by the medical evidence, was sufficient proof of the guilt of the accused was not tenable---Circumstances established that the prosecution has failed to prove its case against the appellant beyond any reasonable doubt---appeal against conviction was accordingly allowed.

Other judgments reported in 2025 PCRLJ

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