Mst. Fateh Khatoon vs Muhammad Qasim Ss — 2026 YLR 909 KARACHI-HIGH-COURT-SINDH

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Mst. Fateh Khatoon VS Muhammad Qasim Ss. 302(b), 201, 342, 337-H(2), 506(2), 109, 148 & 149---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offenders, wrongful confinement, hurt by rash or negligent act, criminal intimidation, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of three days in lodging the FIR---Consequential---Accused were charged for committing murder of the nephew of the complainant by firing---As per the prosecution's own evidence, the Medical Officer stated that on 06.04.2019, he received the dead body through Police Constable, which clearly indicated that the police had knowledge of the incident at that time---Inquest report and other relevant memos further substantiated that the police became aware of the occurrence on the same day at about 6:30 a.m.---Despite that, there was an inordinate and unexplained delay in the registration of the FIR, which was lodged only on 09.04.2019, three days after the incident---Record reflected that the postmortem examination of the deceased was conducted prior to the lodging of the FIR---Complainant himself did not approach the police station promptly; instead, one of the witnesses informed the police, yet no FIR was recorded at that stage---Even after the police had taken possession of the dead body from the scene, the complainant made no immediate effort to initiate criminal proceedings---Complainant proceeded to the hospital for postmortem formalities and thereafter, upon completion of the burial, only then approached the police station to lodge the FIR---Such an unreasonable delay in setting the criminal law in motion created serious doubt regarding the prosecution's version and the manner in which the occurrence was alleged to have taken place---First Information Report was expected to be lodged at the earliest possible stage to prevent fabrication, or afterthought---Appeal against conviction was allowed, in circumstances.

Mst. Fateh Khatoon vs Muhammad Qasim Ss — 2026 YLR 909 KARACHI-HIGH-COURT-SINDH

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