State vs NOROZ KHAN alias ABU BAKAR Ss — 2021 MLD 2069 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 2069 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: State vs NOROZ KHAN alias ABU BAKAR Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS NOROZ KHAN alias ABU BAKAR Ss. 302(b), 324, 458, 337-D, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, lurking house trespass or house-breaking by night after preparation for hurt or assault or wrongful restraint, jaifah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---appeal against acquittal---Statement of complainant was doubtful---Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, made firing, due to which two were hit and died while the complainant received injuries---Record showed that the presence of the complainant on the spot at the time of occurrence was not doubted as he was having stamp of injuries on his person but confirmed presence by itself was not equivalent of truth---Complainant in his cross examination stated that after arrival at the hospital, first his report was recorded by the Incharge Reporting Centre and he was in senses---Said statement of complainant had been belied by the statement of Medical Officer---Medical Officer in cross-examination stated that the injured complainant was in serious condition and was unable to speak---When complainant was not able to talk, then how he lodged the report and named the accused in his report---Said piece of evidence was also making cracks in the prosecution story---Circumstances established that the prosecution had failed to prove its case against the accused, thus Trial Court had rightly acquitted the accused---appeal against acquittal was dismissed, in circumstances.

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