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

Case information

Citation
2025 YLR 2424 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
YLR
Parties
Ashraf vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161---Q; S. 161; Criminal Procedure Code (V of 1898)

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

Ashraf VS State Ss. 302(b) & 324---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay in recording the statements of witnesses by the police---Consequential---Accused was charged for committing murder of the son of complainant and causing firearm injures to another person---Statements of eye-witnesses under S.161, Cr.P.C., were recorded with delay without any plausible explanation---Injured witness, while appearing before the Court, stated during cross-examination that his statement was recorded by the Investigation Officer on the day of occurrence in the evening---Eye-witness stated that the Levies Officials recorded his statement at 10:00am---How could it be possible that before registration of the FIR, the Investigation Officer recorded his statement despite the fact that the FIR was lodged at 10:30 am---Even the statement of complainant was recorded with a delay of two and a half hours after the lodgment of the FIR---Investigation Officer furnished no plausible explanation for recording the statements under S.161, Cr.P.C., of the so-called eye-witnesses with delay---Such fact rendered the prosecution's case 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.

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