SAIF-UR-REHMAN vs STATE — 2026 PCrLJ 176 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 PCrLJ 176 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: PCRLJ
Parties: SAIF-UR-REHMAN vs STATE
Subject matter: Criminal
Provisions referred to: S. 377---P; Pakistan Penal Code (XLV of 1860)

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

SAIF-UR-REHMAN VS STATE. S. 377---Pakistan Penal Code (XLV of 1860)---Unnatural offence---Appreciation of evidence---Benefit of doubt---Delay of six hours in lodging FIR---Consequential effect---Scope. The accused was charged for committing sodomy with the minor son of the complainant. The occurrence took place on 25.10.2022 at about 08:45 a.m., whereas the distance between the Police Station and the house of the complainant was about two kilometres. In such circumstances, it was expected that the FIR would have been lodged promptly without any delay. However, perusal of the FIR revealed that the same was lodged on 25.10.2022 at about 02:15 p.m., i.e., after a delay of about six hours. The prosecution failed to furnish any plausible explanation regarding the inordinate delay in prompt lodging of the FIR. The main purpose of lodging an FIR was to set the criminal law into motion and to bring on record the first-hand information regarding the occurrence of a crime. It also provided a sound basis for carrying out investigation in the right direction and excluded the possibility of fabrication of a false story. In the circumstances of the present case, the delay in lodging the FIR could not be ignored and the same cast serious doubt upon the prosecution case. Delay in lodging of FIR could only be condoned where such delay was adequately explained; however, in the instant case no explanation was furnished for the inordinate delay. The prosecution failed to prove its case beyond reasonable doubt. Appeal against conviction was allowed, in circumstances.

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