Ashraf vs State Ss — 2025 YLR 2424 QUETTA-HIGH-COURT-BALOCHISTAN

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Ashraf VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of two and half hours in lodging the FIR---Consequential---Accused was charged for committing murder of the son of complainant and causing firearm injures to another person---Alleged occurrence took place at 8:00 am, but on the other hand, the FIR was lodged at 10:30 am with a delay of two and a half hours---According to further facts of the case, the complainant lodged the FIR at 12:30 pm, on the same date---Complainant stated during cross-examination that he reached Levies Thana at 12:30 pm, day time and on his written report, Tehsildar Levies Thana lodged the report---Complainant further stated during cross-examination that he left Levies Thana at 01.00 pm, thus the time of registration of the FIR was highly doubtful---Astonishingly, when the deceased succumbed to the injuries on the spot, what prevented the complainant from lodging the report immediately despite that the distance between the place of occurrence and Levies Thana, as mentioned in the FIR was 16 kilometers---Said fact created reasonable doubt in the prosecution story that why the report was not lodged promptly---Delay in lodging the report could not be simply brushed aside as it assumed great significance and could be attributed to consultation, taking instructions and calculated preparing the report---Even otherwise, the alleged time of lodgment of the FIR was doubtful because the complainant himself stated that he reached Levies Thana at 12:30 pm and submitted the application for registration of the FIR---Said aspect of the case rendered the case of the prosecution extremely doubtful---Circumstances established that the prosecution had miserably failed to establish the culpability of the appellant in the instant case---Appeal against conviction was allowed, in circumstances.

Ashraf vs State Ss — 2025 YLR 2424 QUETTA-HIGH-COURT-BALOCHISTAN

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