16. To sum up the above findings, it is noted that: there is
unexplained delay in lodging the F.I.R; the recovery is
ineffective and is of no consequence; the marked unexplained
delay in the post mortem; the posture of the deceased at the
time of his initial examination by the police and during his post
mortem examination; recording of the crime by the police at the
place of occurrence; the motive behind the occurrence is far
from being proved and almost non-existent, and the lack of any
cogent and reliable evidence adduced by the prosecution in
support of the reason advanced for their presence by the
complainant are all strong circumstance which create a serious
dent in the prosecution’s case qua the presence of the eyewitnesses at the time and place of occurrence. Thus, when the
very presence of the eye-witnesses is doubtful, then the veracity
of their testimony would surely fall short of credence to saddle
capital punishment upon the present appellant. Reliance is
placed on “Muhammad Rafique alias Feeqa versus The State”
(2019 SCMR 1068).
Part Of Judgment
Lahore High Court
Murder Reference
42-16
2020 LHC 269
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