Muhammad Mumtaz vs State S — 2025 YLR 520 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 520 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Mumtaz vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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 Mumtaz VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of 21 hours and 10 minutes in lodging the FIR---Consequential---Accused was charged for committing murder of his wife/daughter of complainant by strangulation---Occurrence took place on 05.09.2013 at 09.00 am, whereas the matter was reported to the police on the next day i.e. on 06.09.2013 at 06.10 am with a delay of twenty one hours and ten minutes, explanation for which had not been rendered by the complainant while lodging the same---According to the testimony of Female Medical Officer, dead body of the deceased was brought to hospital on the next day of occurrence i.e. on 06.09.2013 and autopsy was conducted at 05.00 pm, which showed that autopsy on the dead body of the deceased was conducted after registration of case with further delay of thirty two hours of the occurrence---So, keeping in view the unexplained delay in lodging the FIR coupled with the fact that postmortem examination of the deceased was conducted with a noticeable delay of thirty two hours, it was concluded that the FIR was recorded after consultation and deliberation---Possibility of fabrication of prosecution story and false implication of the accused could not be excluded altogether---Unexplained inordinate delay in lodging the FIR was an intriguing circumstance, which tarnished the authenticity of the FIR casting a cloud of doubt on the entire prosecution case---Appeal against conviction was accordingly allowed.

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