Kiran Ehsan vs State S — 2026 MLD 65 LAHORE-HIGH-COURT-LAHORE

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Kiran Ehsan VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of 12 hours in lodging the FIR---Consequential---Accused was charged for committing murder of the daughter of the complainant by administering her poisonous tea---Alleged occurrence as per relevant column of FIR took place at 09:30 a.m. on 12.11.2019, whereas the same was reported to the police with a noticeable delay of about twelve hours at 09:15 p.m. (night) on the same day and no plausible explanation whatsoever had been rendered by the complainant regarding this inordinate delay, while lodging the same---According to Medico Legal Certificate, the injured arrived in hospital at 09:30 a.m. on 12.11.2019, whereas her medical examination was conducted at 11:27 a.m., meaning thereby that till 11:27 a.m. her Medico Legal Certificate had already been issued by the Medical Office and that factor was sufficient to raise eyebrows in this context---So, this delay should have been explained being inordinate but surprisingly no explanation had been furnished at all---Unexplained delay in lodging FIR coupled with the fact that at least four closely related persons including sister of deceased were present with her led to an inescapable conclusion that the FIR was lodged after consultation and due deliberation and at the same time possibility of fabrication of prosecution story and false implication could not be excluded altogether---Perusal of the postmortem report revealed that in its relevant column, time of death of the deceased was mentioned as 4:00/5:00 p.m.---Complainant on the FIR claimed that deceased had apprised the witnesses about the factum of administering poisonous tea by the appellant, while they were on the way to hospital and it was about 9:30 a.m. and as per Medico Legal Certificate, the injured arrived in hospital at 9:30 a.m.---So, in this background, unexplained and inordinate delay in lodging FIR was an intriguing circumstance, which tarnished the authenticity and also casted a cloud of doubt on the entire prosecution case---Circumstances established that the prosecution had failed to prove its case 'beyond reasonable doubt'---Appeal against conviction was allowed, accordingly.

Kiran Ehsan vs State S — 2026 MLD 65 LAHORE-HIGH-COURT-LAHORE

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