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RAHAM BACHA vs State Ss — 2021 YLRN 143 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 143 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
RAHAM BACHA vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164---Q; S. 164; Criminal Procedure Code (V of 1898)

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

RAHAM BACHA VS State Ss. 302(b), 324, 147, 148 & 149---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Retracted confession---Scope---Accused were charged for committing murder of sister-in-law of the accused and injuring the stranger, who was with the deceased lady at the relevant time---In the present case, lady eye-witness had resiled from her earlier statement recorded under S.164, Cr.P.C.---Said witness had mainly shifted the blame of commission of the offence to absconding accused i.e. her brother in her statement recorded before the Court---Said witness had though been declared a hostile witness and allowed to be cross-examined but nothing beneficial to the case of prosecution could be extracted from her mouth---Even if testimony of that witness was considered, same would make the case of prosecution a case of two versions lying poles apart from each other---Both the versions, emerging from prosecution evidence itself, would be difficult to be reconciled together---Circumstances established that the prosecution had not been able to prove its case against accused persons beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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