WAKIL KHAN vs State Ss — 2021 YLRN 62 PESHAWAR-HIGH-COURT

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WAKIL KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Abscondence of accused---Scope---Accused was charged that he and co-accused made firing upon the complainant, who was hit and injured, on the following day injured succumbed to the injuries---Allegedly, soon after commission of the offence accused remained absconder for long unexplained period---High Court observed that, true that long unexplained abscondence weighed against the accused, but it never absolved the prosecution of the liability to prove its case against the accused beyond reasonable doubt---If prosecution had proved its case through disinterested and convincing evidence then the abscondence was taken and considered as a corroborative piece of evidence---In the present case, the prosecution could not succeed in proving its case against the accused---Abscondence alone played no role in circumstances---Appeal against conviction was allowed, in circumstances.

WAKIL KHAN vs State Ss — 2021 YLRN 62 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported