Muhammad Afzal vs State S — 2025 YLR 941 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 941 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Afzal 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 Afzal VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of six hours and forty minutes in lodging the FIR not explained---Accused was charged for committing murder of the sister of complainant by cutting her throat with a sharp edged sickle---Record showed that no specific time of the occurrence had been mentioned in the contents of the FIR and it was simply mentioned there that the occurrence took place in the early hours of the day on 28.12.2019---Eye-witness of the occurrence stated during his cross-examination that he did not know the time of reaching at the place of occurrence, however, it could be between 06:00 or 07:00 a.m.---If it was presumed that the occurrence took place on 28.12.2019 at 07:00 a.m. even then the FIR was lodged on the said day at 01:40 p.m. and as such there was delay of six hours and forty minutes in lodging the FIR---Distance between the police station and place of occurrence was only 4.5 kilometers and the said witness further stated during his cross-examination that the police reached the place of occurrence 10 to 15 minutes after the occurrence but even then no plausible explanation had been given for the gross delay of six hours and forty minutes in lodging the FIR---Circumstances established that the prosecution had failed to prove its case against the appellant beyond the shadow of doubt---Appeal against conviction was allowed accordingly.

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