Delay in lodging the FIR and conducting the postmortem examinations on the dead body of the deceased is suggestive of the fact that the occurrence was unseen and the said delay were consumed in procuring the attendance of fake eye witnesses.
Prosecution eye-witnesses could not justify their presence at the spot at the relevant time through any valid reason, therefore, they are chance witnesses and as such their evidence is not free from doubt.
It is evident from the perusal of the evidence of the prosecution eye-witnesses that they stood like silent spectators at the time of occurrence. Had the abovementioned eyewitnesses been present at the spot at the time of occurrence as claimed by them then they could have saved Mst. Naila (deceased) or at least apprehended the appellant after the occurrence. Their conduct is unnatural thus their evidence is not worthy of reliance.
Criminal Appeal No.68692-J of 2020(Imran Ali vs. The State etc) Mr. JUSTICE Malik Shahzad Ahmad Khan, 2023 LHC 6950
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