FAHEEM vs State S — 2021 YLR 1680 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1680 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: FAHEEM vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 161; S. 164; Penal Code (XLV of 1860)

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

FAHEEM VS State S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention---Bail, grant of---Delayed FIR---Contradictory statements---Tender age of accused---Scope---Complainant alleged that he received information that his brother visited the house of sister of accused, at about 02:00 a.m. as he had friendly terms with her; that the accused along with co-accused saw the deceased with his sister in her room, apprehended him, tied his hands, took him to the fields and committed his murder---First Information Report was lodged with an inordinate and unexplained delay---Complainant had not disclosed the source of information regarding the occurrence in his report---Sister of accused in her statement under S.161, Cr.P.C. had charged the accused whereas in her statement recorded under S.164, Cr.P.C., she had resiled from her earlier stance by exonerating the accused from the commission of offence, which made the case of accused that of further inquiry---Call data which was necessary evidence to show contact between the deceased and sister of accused was not placed on record---No doubt, pistol was recovered on the pointation of accused but the same was admittedly in the ownership of absconding co-accused who happened to be the father of accused---Evidentiary value of such piece of evidence could better be determined in the case of the co-accused---Accused was of tender age which too tilted the scale in his favour---Petition for grant of bail was allowed, in circumstances.

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