Irshad Ali vs State Ss — 2026 YLR 822 KARACHI-HIGH-COURT-SINDH

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Irshad Ali VS State Ss. 302(b), 376 & 511---Qatl-i-amd, rape, attempted rape---Appreciation of evidence---Delay of two days in lodging the FIR---Consequential---Accused was charged for committing murder of the sister of complainant after raping her---According to the version of the complainant, his sister went missing on 01.09.2016, and it was claimed that his father had informed the police on the same day---Furthermore, all the relatives of the complainant who were cited and examined as witnesses corroborated that claim, asserting that the missing report was conveyed to the police promptly on the date of the incident---However, this assertion was not supported by the documentary evidence available on record---Police Official who recorded the FIR stated clearly that the police were first informed on 03.09.2016, i.e., the date of registration of the FIR---No entry, roznamcha, or any other document was produced to substantiate the claim that the police were approached earlier---In view of this discrepancy, it became difficult to believe that a young girl had gone missing and yet the family members, including the complainant, failed to inform the police immediately, particularly when they now claimed otherwise---Either the version of the complainant party was inaccurate, or the police were concealing facts, but in either case, such a glaring inconsistency casted serious doubt on the credibility of the prosecution's narrative---Upon a comparative examination of the oral and documentary evidence, it became evident that the version advanced by the complainant regarding prior intimation to the police was an afterthought, apparently designed to explain away the delay in lodging the FIR---Said aspect, therefore, seriously affected the trustworthiness of the prosecution's case---In the given context, the delay in lodging the FIR was a material aspect that casted serious doubt on the veracity of the prosecution's version---Unexplained or unjustified delay in the registration of the FIR created room for fabrication and manipulation of facts---Appeal against conviction was allowed, in circumstances.

Irshad Ali vs State Ss — 2026 YLR 822 KARACHI-HIGH-COURT-SINDH

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