Delay in recording the statement without furnishing any plausible explanation is also fatal to the prosecution case and the statement of such witness was not relied upon in the case

 Reference in this regard can respectfully be made to the venerated judgments passed by the Hon’ble Supreme Court of Pakistan in the cases of Syed Saeed Muhammad Shah and another v. The State (1993 SCMR 550), Muhammad Khan v. Maula Bakhsh and (1998 SCMR 570) and Rahat Ali v. The State (2010 SCMR 584). In the case of Rahat Ali supra, the Hon’ble Supreme Court of Pakistan was pleased to observe as under: - 

“9. …Thus there is inordinate delay of silence of P.W.2 which creates doubt about his veracity. Delay of 24 hours, 4 days and 15/20 days in reporting the matter to the police or recording the statement of witnesses by the police has been found adversely affecting the veracity of witnesses as held in the cases of Muhammad Sadiq v. The State PLD 1960 SC 223, Sahib Gul v. Ziarat Gul 1976 SCMR 236 and Muhammad Iqbal v. State 1984 SCMR 930, respectively. It has also been observed by this Court that delay in recording the statement without furnishing any plausible explanation is also fatal to the prosecution case and the statement of such witness was not relied upon in the case of Syed Muhammad Shah v. State 1993 SCMR 550…”  

Part of Judgment 

LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI JUDICIAL DEPARTMENT 

Criminal Appeal
109-09

2015 LHC 6145