The overall view, which infers from the facts and
circumstances of the case, is that the sanctity shall remain attached with the
version recorded in the promptly lodged FIR instead of the private
complaint, which was filed after 5 ½ months whereas the delay of even one
or two days in recording the statement of an eye witness has been found fatal
for the prosecution and not worth reliance by the august Supreme Court of
Pakistan in case titled “MUHAMMAD ASIF versus The STATE” (2017
SCMR 486) as under:-
“There is a long line of authorities/precedents of this court and the
High Courts that even one or two days unexplained delay in
recording the statement of eye witness would be fatal and
testimony of such witnesses cannot be safely relied upon.”
Part of Judgment
LAHORE HIGH COURT MULTAN BENCH MULTAN (JUDICIAL DEPARTMENT)
Criminal Appeal191-14
2017 LHC 4795
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