Friday, 10 August 2012

Can delay in FIR be justified?

  Citation Name  : 2011  SCMR  670     SUPREME-COURT
  Side Appellant : GUL MUHAMMAD
  Side Opponent : State
                        S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 40---Appraisal of evidence---Delay in lodging of F.I.R. was suitably explained by the complainant, father of the deceased child ---Complainant and accused were close relatives---Accused had nourished ill will and grudge towards the complainant as he considered the complainant responsible for separation of his wife and daughters and thus thought of teaching a lesson to him---Medical evidence had supported the last seen and other circumstantial evidence---Multiple circumstances had corroborated the involvement of accused in killing the boy, who had taken him along on a bicycle, killed him thereafter and thrown into the river---In view of Article 40 of the Qanun-e-Shahadat, 1984, the lead provided by the accused and pointation of the place where the minor was killed and recovery of dead body, were all relevant informations about which only the accused had the information---Accused had taken life of an innocent child  in a merciless and cruel manner and he deserved no leniency---Appeal was dismissed in circumstances.

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