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 in recording supplementary statement of complainant---Consequential---Accused was charged for committing murder of the sister of complainant after raping her---Prosecution primarily relied upon the supplementary statement of the complainant, which was recorded on 16.09.2016, nearly twelve days after the registration of the FIR, without offering any plausible justification for such delay---Delayed statements, particularly those that introduced new facts or implicated new accused persons, must be viewed with caution and were often considered an afterthought, unless properly explained---In the instant case, the complainant, in his supplementary statement, failed to disclose the source through which he implicated the present accused---Statement was completely silent on how or on whose information he arrived at the conclusion of the accused's involvement---During the trial, the complainant attempted to supplement that deficiency by deposing that some females from the mohallah had informed him about the conduct of the accused---However, none of those alleged persons were cited as witnesses or produced by the prosecution, thereby rendering such claim unsubstantiated---Moreover, prosecution witness, the mother of both the complainant and the deceased, deposed that she had spoken with the accused over the phone prior to the disappearance of the deceased---Even if this piece of evidence was taken at face value, it did not justify the unexplained lapse of twelve days in recording the supplementary statement of the complainant under S.161, Cr.P.C.---In such circumstances, the delayed supplementary statement, devoid of explanation and lacking corroborative support, lost its probative value and became fatal to the prosecution's case, especially when the accused was implicated for the first time therein---Appeal against conviction was allowed, in circumstances.

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

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