Zulfiqar Khan vs State Ss — 2026 YLR 142 LAHORE-HIGH-COURT-LAHORE

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Zulfiqar Khan VS State Ss. 302(b), 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Delay in recording statement of injured witness---Consequential---Accused were charged for making indiscriminate firing upon the complainant party, due to which one person died and one person sustained firearm injury---Medical Officer, who medically examined injured opined that he was fully conscious, oriented in time, place and person---Medical Officer further stated that according to injured, he was shot by some person---Delay of three days in recording the statement of injured under S.161, Cr.P.C., had not been explained by the prosecution when he was fully conscious and oriented at the time of medical examination---Evidentiary value of such statement recorded under S.161, Cr.P.C., after a delay of three days was considered unreliable unless such delay was reasonably explained---Because the delay could allow any witness to fabricate or tailor his statement based on subsequent events or other witness testimony, which was the result of due consultation and deliberation, creating serious doubts about the veracity of the prosecution version---Moreover, the statement under S.161, Cr.P.C., recorded by the local police after aconsiderable delay, without any tangible and plausible explanation, must vanish its sanctity and would not be held to be confidence inspiring evidence---Furthermore, credibility of such witness is looked with serious suspicion if his statement under S.161, Cr.P.C., is recorded with delay without offering any plausible explanation---Such statement also reduces its value to nil until and unless it is explained rendering justifiable reasoning---Appeal against conviction was allowed, in circumstances.

Zulfiqar Khan vs State Ss — 2026 YLR 142 LAHORE-HIGH-COURT-LAHORE

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