Muhammad Iqbal vs State Ss — 2026 YLR 458 LAHORE-HIGH-COURT-LAHORE

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Muhammad Iqbal VS State Ss. 337-a(ii), 337-F(ii), 148 & 149---Qanun-e-Shahadat (10 of 1984), arts. 40 & 153---Causing shajjah-i-mudihah, ghayr-jaifah badi'ah, rioting armed with deadly weapons, unlawful assembly---Benefit of doubt---Delay of about 30-hours in lodging the FIR---accused-petitioners were charged for causing injuries to complainant---Incident in this case occurred on 19.04.2009 at about 8:00 a.m.---However, the information of crime was conveyed to police on the next day i.e. on 20.04.2009 at 1:30 p.m.---If correctly calculated there was a delay of about 30-hours in reporting the crime to the police---In that regard, it was observed that according to alleged Medico-Legal Certificate of complainant, he was produced before Medical Officer for treatment by a Police Constable on the day of incident at about 9:30 a.m.---In such a way, it could easily be derived that the information about the incident had come in the notice of the police within one hour and thirty minutes---However, despite scrutiny of the record the prosecution remained abortive in bringing it on record that what precluded the complainant or any other narrator of ocular account to report the crime to the police---Delay of about 30-hours in lodging the FIR in the peculiar circumstances of the case was significant and persuaded the Court to take a cautious approach while evaluating the prosecution evidence---Even otherwise, complainant died prior to recording of his statement and FIR was exhibited and thus he was not cross-examined in order to prove its contents---In such eventuality, according to arts.40 & 153 of Qanun-e-Shahadat, 1984, FIR could not be used as a corroborative piece of evidence for upholding the conviction and sentence of the petitioners---Revision petition against conviction was allowed, in circumstances.

Muhammad Iqbal vs State Ss — 2026 YLR 458 LAHORE-HIGH-COURT-LAHORE

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