16. We have also noted that despite the fact that the matter was reported to the police at 1.05 p.m., when the oral statement (Exh.PA) of Ameer Muhammad (PW-1) was recorded, the postmortem examination on the person of the deceased was conducted at 5.30 p.m i.e. after 4 ½ hours of the recording of oral statement (Exh.PA) and after about six hours of the occurrence.This clearly establishes that the oral statement (Exh.PA), which was recorded at 1.05 p.m. by Muhammad Aslam Kalra, SI (CW-8) wasprepared after consultation and concert. We have also perused the postmortem report (Exh.PB) and according to the entries made in the same ,the dead body was received at 4.45 p.m. whereas the complete documents from the police were received at 4.30 p.m. This delayed receiving of complete documents from the police clearly establishes that the time of recording the oral statement (Exh.PA) mentioned as 1.05 p.m. is manipulated. According to the prosecution witnesses, the oral statement (Exh.PA) was recorded at 1.05 p.m and the formal FIR (Exh.PC) was registered at 1.40 p.m, however, as mentioned above, it took yet another threehoursto provide the necessary documents to the medical officer enabling him to initiate the postmortem examination. It has been repeatedly held by the August Supreme Court of Pakistan that such delay is reflective of the absence of witnesses and the sole purpose of causing such delay is to procure the presence of witnesses and to further advance a false narrative to involve any person. Reliance is placed on the cases of “Khalid alias Khalidi and two others vs. The State”(2012 SCMR 327) ,“Mian SOHAIL AHMED and others vs. The Stateand others”(2019 SCMR 956)and“MUHAMMAD RAFIQUE alias FEEQA vs. The State”(2019 SCMR 1068).
Part of Judgement of
IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI.Crl. Appeal-Against Conviction-PPC
1169-17
| 2020 LHC 1905 |
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