In this case, FIR was recorded after deliberations, and in such like cases, the whole investigation, from recording of FIR till finalization, becomes doubtful.

On the other hand in the postmortem examination report, in the column of “date and time of death” it was mentioned, “time not mentioned”. All the above noted contradictions regarding time of alleged occurrence, its reporting time and material irregularities conducted by the Sabir Ali Shah SI (PW-5), constrained us to formulate an opinion in this case that the police registered the FIR after making preliminary investigation. The prosecution has failed miserably to advance any sufficient reason in this regard. Therefore, the same could not be relied upon. Guidance is sought from Iftikhar Hussain and others v. The State (2004 SCMR 1185). In this case, FIR was recorded after deliberations, and in such like cases, the whole investigation, from recording of FIR till finalization, becomes doubtful. Edifice built upon such FIR would fall to ground and render entire case totally unbelievable.

Part of Judgment

THE LAHORE HIGH COURT, LAHORE

Murder Reference
642-10

2015 LHC 7528