There is delay in reporting the incident and lodging the FIR. Delay in lodging the first information report often results in consultation and deliberation, which is a creature of an afterthought------------
Admittedly, statement under section 154 Cr.P.C. of the complainant was not incorporated in the register for FIRs registration----------
Moharrar deposed during examination-in-chief that on receiving the oral complaint (Ex. PF), endorsed and dispatched by Sajjad Hussain SI/HIU, he dictated the FIR (Exh.PF/1) to the Computer Operator, who typed it without any addition or deletion.-------The prosecution has not produced the Computer Operator to whom dictation was given by Moharrar, and he typed the FIR (Exh.PF/1)-----------
According to Rule 24.5 of Police Rules 1934, the F.I.R. shall be filled in the printed Form in Form 24.5 (1) with pages serially numbered with three carbon copies (each of the four pages of the register bearing the same serial number) since the oral complaint (Ex.PF) was not recorded in the first information report register it throws doubt on the time of reporting the incident to the police.--------------
The copy of the FIR entered in the first information report register is not being exhibited by the prosecution-----------
The evidential value of the First Information Report will be reduced if it is made after the unexplained delay, particularly when the same was not entered in the printed Form 24.5 (1) of Police Rules 1934----------------
The prosecution also failed to prove the time and place where Saddam Khalid (the deceased) took his last breath-----------The prosecution witnesses were chance witnesses and the prosecution failed to establish their presence at the place of occurrence-------------------The FIR was recorded later after due deliberations and consultations and then ante-timed to give it the color of a promptly lodged FIR---------The prosecution did not explain the delay in conducting the postmortem examination---------In such eventuality it is not possible to uphold and sustain the judgment of conviction and sentence against the appellant------------Resultantly, appeal is allowed.
Crl. Appeal
193932/18
Ali Ahsan Sunny Vs The State etc
Justice Miss Aalia Neelum 22-05-2023
2023 LHC 2869
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